I recently bought a townhouse with basement parking. The basement is getting flooded with rainwater due to no drainage. The builder is not responding to strata and the owners corporation is not giving approval to get it done myself. Need to know what my options are? – Nripesh, NSW

Q: Hi, I recently bought a townhouse with basement parking. The basement is getting flooded with rainwater due to no drainage. I wanted to carry out drainage work in my basement, but the owners corporation is not giving approval. Stagnant water is causing an unpleasant odour and it’s a safety issue with my two small kids.

The builder is not responding to strata and the owners corporation is not giving approval to get it done myself. Need to know what my options are? What will be best and fastest way to get it done as the rainy season is not far away?

A: Your owners corporation should have a reason to not approve the drainage, especially if it concerns structural integrity, and the health and safety of owners and occupiers.

Under the Strata Schemes Management Act, section 106 states that there is a legal duty on the owners corporation to maintain and repair property:

(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.

If there is no reason for the disapproval of drainage and any necessary repairs, you may wish to take the matter up with the NSW Civil and Administrative Tribunal (NCAT).