I have a question related to an issue with dealing owners corporation - Is this the right line to ask guidance? I am in

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Customer: Hi - I have a question related to an issue with dealing owners corporation - Is this the right line to ask guidance?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am in Victoria - no one is helping
JA: Have you contacted the seller or manufacturer?
Customer: It is related to the toilet connected incorrectly in my apartment - Toilet connected to hot water pipe instead of cold water - which is causing leakage - Owners corporation wants me to fix this although this was issue with plumbing at the time of construction
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the building also has a lot of leakage issue and water collects at the basement too. I just need to know isn't owners corporation should be fixing if there is issue with construction ?
Answered by John Melis in 2 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about the toilet being connected to the hot water system, as this is a construction issue, the body corporate should attend to this matter immediately.

With the body corporate fails to attend to this matter immediately, you should obtain the builders contact details and reach out to the builder with a written correspondence request in them to come and fix this issue straightaway.

Where the builder fails to attend this matter urgently, let's say seven days, then notify the body corporate that the builder has failed to act, and that you will commence proceedings in the Victorian civil administrative tribunal.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well.

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Thank you John. Body Corp says builder is not contactable and Body Corp says they are responsible to fix issues only in the common areas. They say anything inside our apartment we need to fix . But this is a construction issue & I keep requesting them to take ownership to fix it but they are refusing to fix. Should I approach VCAT?
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John Melis, Expert

Thank you for your follow-up, yes it is time to commence proceedings in the Victorian civil administrative tribunal in order to get this construction issue rectified promptly

Customer
Thank you
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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