Two other owners and I have had storm damage to our garages, which are on common property. Our strata management company isn’t responding to my emails or phone calls for an update or copy of financials. What are my rights and what action can I take? – Maria, NSW

Q: Two other owners and I have had storm damage to our garages, which are on common property.

Our strata management company won’t repair defects to the building properly, claiming that insurance can repair the damages instead. Insurance however will only repair damage once Strata Master rectify the problem in finding out why water is leaking and where it is coming in from.

The only reply was five weeks ago, when i was advised that they have no funds in account for the cause of leakage to be rectified properly and that a meeting with other owners needed to be organised to raise funds.

To this date my strata are not responding to my emails or phone calls for an update or copy of financials. What are my rights and what action can I take?

A: If your capital works fund is not sufficient in covering the cost to rectify the issue with water leakage, the strata manager may be right in stating that a meeting with other owners needs to be organised to raise funds.

This is known as a “special levy” and can be put in place by your owners corporation by a vote. This will raise the amount required to cover the cause of leakage to be rectified, which will then allow insurance to repair the defect.

If your strata management company is not being helpful towards your strata property in this matter, you may want to consider switching. You will have to call a motion to switch your strata management during either your annual general meeting (AGM), or a general meeting (GM).

Review your agreement first to see what the termination requirements are, such as how much notice you need to give.

The motion will be voted on, and if it is passed (i.e. a majority of the votes are in favour of changing manager) you will be able to sign a new contract with a new strata management company.

You may also wish to speak with your own insurance company and ask that they liaise with the strata insurer.