13 December 2014

12 months water penetration forced me out of my unit

13 December 2014 | By Red2004

For the past 12 months water has been penetrating into the ceiling of my unit from the unit above mine. The unit above is owned by ACT Housing and neither that agency nor the strata managers, Civium Strata, have resolved the problem. The Body Corporate hasn’t replied to my requests for assistance. Now Civium Strata tell me the water penetration is subject to an insurance claim by ACT Housing. I have been unable to live there since March this year because of the health hazard from mould and bacteria. I need to make an application for an order to ACAT but when I spoke to that agency I was told that I need to go to a solicitor. I thought ACAT was for people who did not want, or could not afford, legal avenues. Does anyone have any experiences or advice that might help me?

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tooltime2:01 pm 14 Dec 14

Good Luck with this,

farnarkler12:05 pm 14 Dec 14

You need to do two things. Firstly lodge a written complaint with Housing ACT. Your complaint will be logged and addressed. Secondly, write to the minister. There is nothing government departments hate more than a ministerial. It means the minister is aware there is a problem and takes a personal interest in getting a result. I worked at Housing ACT and a ministerial really gets management’s attention.

Masquara11:57 am 14 Dec 14

You might find you can use the Small Claims Court if you need $ compensation. Free of charge other than a $25 application fee (that amount may be out of date) and the court will insist that the other parties come to a mediation session. They are very considerate of people without legal representation. You can claim up to $5,000 through this avenue. Good luck! Also, make sure ALL your communications with ACT Housing are in hardcopy writing, and cc the minister. They hate that, because they have to respond properly and do something. Phone communication may as well not have happened.

260410:49 pm 13 Dec 14

If ACAT has advised you that you need to see a solicitor, maybe go and see LegalAid?

The ACT Law Society also runs a pro bono clearing house which may be able to help you:
http://www.actlawsociety.asn.au/public-information/act-pro-bono-clearing-house

Good luck.

dungfungus10:03 pm 13 Dec 14

Stand outside the Legislative Assembly entrance with a sign listing your grievances.

basketcase7:26 pm 13 Dec 14

Sort of problem your local (legislative Assembly) member should be able to fix.