Roof leaking 18+ months - xCAT submission but against who?

Discussion in 'Legal Issues' started by Ben43, 23rd Dec, 2021.

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  1. Ben43

    Ben43 Well-Known Member

    Joined:
    28th Feb, 2019
    Posts:
    81
    Location:
    Sydney
    Quick legal question I was hoping for an easy answer to.

    I've have a unit in a strata title building which has had a leaking gutter for ~18months. The water leaks from the box gutter and damages my ceiling. All strata has to arrange is to do is seal the box gutter and/or pipe underneath it, but nothing ever happens despite repeated requests. The strata manager either ignores my emails, forget the issue, can't find contractor, pretends to be organising repair but never does, claims it's a building issue blah blah. All excuses, no action.

    I can't organize repairs myself because it's not my roof.

    I've decided to submit an application to xCAT to get them of their bum. My submission is intended to:

    a) order the strata manager to arrange fixing of the roof / gutter.
    b) order the O/C to reimburse me for mould cleaning / painting of internal damage.

    But I'm not sure who my submission is against (who should I put as the respondent).

    Is it:

    a) the strata manager
    b) the owners corporation
    c) both ("owners corporation care of strata manager")

    Thanks in advance.
     
    Last edited: 23rd Dec, 2021
  2. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,837
    Location:
    Perth, WA
    The OC. Why haven’t you been in touch with them if the strata manager was not doing a good job?
     

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