engaged without quotes or permission

Discussion in 'Legal Issues' started by Fernfurn, 12th Dec, 2018.

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  1. Fernfurn

    Fernfurn Well-Known Member

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    I am the owner of a front townhouse (rented out) that has a communal pit pumping station for stormwater. The owner of the back townhouse has had $6000 of repairs done without any consultation with me and just sent me the bill, with a receipt attached for payment, together with two other bills for $1320.00. I believe the two pumps which were in the pit needed replacement but all the other work seemed not to be required and looks to be just his wanting to have a more modern system. All invoices are from the other side of town, or far away places and I even wonder if he has got people he knows to write invoices. None of this was discussed with me in any way and I wonder what my legal rights are regarding reimbursement of these costs incurred without my knowledge
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    Just to clarify - Is there only the 2 dwellings in the group there, or are there others?
     
  3. Simon Hampel

    Simon Hampel Founder Staff Member

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    Is the property strata titled or some other type of title?
     
  4. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    Generally speaking I have a policy when it comes to other people spending my money without discussing it with me first. You may be responsible for part of the repair costs of common property, but you have every right to expect they'll consult you.

    I guess this comes down to how much you wish to maintain good relationships with the neighbour.

    I'm also wondering if the costs were necessary at all, or even if the invoice you've got is actually for half the costs. If you do decide to pay, I'd be getting further information from the contractor first.
     
  5. Fernfurn

    Fernfurn Well-Known Member

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    there are only two on the block, me on front street, other one in the backyard on its own driveway which is on his title down slight slope in backyard. No body corporate, separate titles. Pump and pit on his driveway but my downpipes go into it. No prior agreement as to what happens with pit.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Just ask him on what legal basis he expects you to pay.
     
  7. Simon Hampel

    Simon Hampel Founder Staff Member

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    I'd say you likely have no legal obligation to pay (that's not advice!) - but if you don't come to an agreement, it could make things difficult in the future - as @Peter_Tersteeg said, it comes down to how much you wish to maintain a good relationship.

    I'd do as Peter suggested - talk to the contractor and get all the information you can about the work that was done - perhaps offer to pay at least half of the work that was necessary?

    I'd also suggest keeping a diary of all communication you have already had with your neighbour over the issue (whether verbal or otherwise) in case it ever escalates in the future. Document all future communication as well.

    Had you previously discussed the issue with the neighbour? Is it possible that he was of the belief that you had verbally agreed to the work that was done?
     
  8. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Very presumptuous of the other owner to undertake anything affecting common property without discussion and acceptance. No other quotes ? Necessity of repairs ? Second opinion ?

    How do you know the property remains insured if he isnt communicating information regularly ? $7K for two pumps ? Did he have a solar HWS installed at same time ?
     
  9. S.T

    S.T Well-Known Member

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    At the invoice prices hes sent you, it would be well worth your while paying to get a legal opinion I would think.
     
  10. Handyandy

    Handyandy Well-Known Member

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    Who pays for the electricity that the pump uses?
     
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  11. bmc

    bmc Well-Known Member

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    how did you go with this ?
    i sounds like torrens title. is this drainage connection part of an on Site Detention System ? Recent development ? if so have you reviewed the terms set out in the Sec.88b in regards to maintainance, repairs etc.
     
  12. marmot

    marmot Well-Known Member

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    As an absentee owner do you take a hands on approach with the property or just purely rely on a property manager to deal with any issues that arise.
    Does the other owner have your contact details , and who maintains the pit on a daily basis, if there are any issues, as mentioned previously who paid for the power services to run the pumps and the regular maintenance.
    What does your property manager say about this , was their any attempt made to contact you prior to the upgrades, as it seems a quite excessive amount to do without consultation with the other owner unless it was emergency repairs and he could not contact the other owner
     
    bmc likes this.