Strata Unit - Building defects and leaks

I have a strata unit and recently there has been some issues and I'm not sure who is responsible. My strata unit complex has a building property office as well - I'm not sure what they look after but *i think* they liaise with the builders. The property is around 6 years old still under warranty and my unit is on the top floor.

There are 3 issues:

1. There are some cracks that have developed. The sealant around the window seems to have gaps and there are cracks forming at the top which in this case is technically the ceiling wall. The NSW gov site says that windows and ceiling are strata issues - when I contacted strata, they said this is my responsibility.

2. A huge crack has developed at the ceiling corner of one of the rooms. It's a massive crack and when I contacted building management, they said the builder says its not their problem. My unit is still under warranty. But it looks massive and definitely more than 2mm gap (which was what strata told me determines whether its owners issue or builder's issue).

3. One of the walls seems to have water stained from the recent rains. My unit is on the top floor. There appears to be some leak somewhere. This is going to be a bit of a task to locate where it is coming in, but at the moment looks to be from the roof. I'm on the top floor so there is no other apartment above me

 

Yes, these are strata issues (unless a previous owner renovated substantially).
When you say you are on the top floor, how many residential levels are there ?

 

4 floors. I'm the first owner and haven't had any renovations done.

When I reached out to strata they came back to me to say that its not covered under building insurance and that I need to repair it myself.

For the second issue with the crack on the corner, you can visibly see the crack on the ceiling but then the two adjoining walls could they argue they are internal walls?

 

Thanks @giraffez
Anything over 3 levels has very little warranty ! (Yes, Google it).
By the 6 year mark you will be wasting your time also.....
If the body corporate hasn't had a full building inspection done by the 3 year mark (5 years at the latest) and chased the builder up to rectify then you may be too late.
I would argue that this is structural movement (which shouldn't be occurring, particularly 4 floors up).
Have you been to all the strata meetings, reviewed all the minutes and voted at the AGM ?
If you are not on the strata committee you should ha e been, or followed everything closely (most don't as they think the Strata manager will run things, but the Strata manager only does what the executive committee directs, and you have a tight committee who may be burying issue's).
Patch, paint and sell as there will be far more and larger costs coming as you approach the 10 year mark !

 

Thanks @Stoffo

So is it still too late to get Strata to fix? Say it was out of warranty, these should still lie with strata?

According to this, windows, ceilings are owner's corp.

Strata repairs and maintenance

Does it have to be approved by other owners in order for the fix to happen?

 

Yes, the majority of things are strata and their responsibility, if things have gotten to this point I'd guess that your OC is a bit dysfunctional, so good luck getting them (On behalf of all owners) to act now !

How many in the complex ?
How much are your quarterly strata fee's ?
How much is in the strata coffers ?

I'd guess the fee's are low, and that there's little money available for repairs

 

Roughly about 120 units I think (just a guess) and paying about $1000 per quarter. Never really had much issues until now.

Am i able to ask strata for a list of fixes to other apartments? Would they give this to me?

 

All strata repairs would be noted in the minutes of their meetings ... you will have to do a search

 

I haven't been attending these meetings. I guess I should have been more active here in hindsight.

Do repairs need to be approved in these meetings before they go ahead?

 

Yes

 

Then hopefully your complex should have a good bank balance or strata manager is fleesing you all !

Some of these bigger complex's have a building manager (this is who the Strata manager handballs everything to) and this can get expensive also.

Have a look at the last AGM minutes, this should show current balances available (as well as outgoings).

 

We do have a building manager. But I thought this was part of the complex unit and not employed as part of body corp. This is essentially what has been happening, strata handballing to building manager. And building manager handballing to builder and builder coming back saying its my problem.

So does this mean even if strata says its within their responsibility to fix, I still have to wait to the next meeting to get it approved?

 

Yes - There is a forum called 'Flatchat' which specialises in advising on Strata problems, it's worth a visit ...

 

Are you suggesting i should just fix it myself and keep it off the books so that when it comes time to sell, it won't be a mark on the books?

 

That is true. I don't even know who I need to call to fix the crack. Is it a handyman or a builder?