We currently have an issue with the Body Corporate and the insurance broker for the body corporate who is also a unit

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Customer: We currently have an issue with the Body Corporate and the insurance broker for the body corporate who is also a unit holder. Our roof (2 blocks) a new roof was installed in 2019 and during the storm our roof blew off in the wind on the 29th Oct 21. Since this time I've been trying to get information out of the body corporate as to what their doing about this. 2 independent assessors came out and found that our roof is of poor workmanship (roof is less than 2 years old). The body corporate is insisting to go through our insurance who have denied our claim. I've been asking the body corporate why didn't we go the installers to go through their insurance. It now appears we are still waiting on the report from the insurance which they will not provide (so we have been told). The body corporate has now lodged a complaint to AFCA, this part I don't understand, the committee as i'm a part of can't not get all the information from the Body corporate. Not sure what to do. I would like someone to come in and do a full audit. The body corporate has now resigned. Please advise what we should do as their are 12 apartments at stake.
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria, Melbourne 3192
JA: What steps have you taken so far?
Customer: We only had a meeting that the body corporate set up on the 9th dec to advise us of the situation. The committee have asked for all the documentation, submissions, reports, etc to try to find out what been happening. We still haven't received all the information and it appears something isn't right.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm worried that we are not covered by the insurance as the other block units 1-6 roof didn't fly away however, it falls under the same workmanship. We are worried that if it flys off now, are we still covered.
Answered by John Melis in 1 hour 1 year ago
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John Melis
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John Melis, Expert

Hi! You’re speaking with John Melis, a solicitor in Australia.

The Victorian Civil Administrative Tribunal “VCAT” is perfect for resolving disputes. 

You access the application form under the forms tab of the tribunal website.

The tribunal has help menus. The help menus will assist you in filling out the application.

The tribunal will send you an email after applying. That email will explain the next steps.

The first hearing is called a mention, which may move forward into a mediation, then a directions, to a final hearing itself.

Does this help with your question today?

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John Melis, Expert

I hope this message finds you well.

I'm just following up to see how you are going with your situation.

Just recapping your circumstance, if you have not been able to resolve his body corporate issue, you may be able to raise a claim through the Victorian civil administrative tribunal.
Please let me know how you progress with your matter.

It was my pleasure to help you today, and I thank you for chatting with me. If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Customer
HI Thank you for your reply.
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John Melis, Expert

I wish you a pleasant Saturday morning.
Customer
However, there are part of the bodycorporates process that isn't quite correct and it's not something you would go to VCAT for well, not at this stage. They are following the correct procedures but the initial invoice and who they obtained to fix the roof isn't want it seems. They don't provide documentation until it submitted, and the Body corporate keeps saying I can't do anything without your approval, yet the body corp has been doing everything along with another unit holder who is our Insurance broker and also isn't upfront with everything. I've also found out that the people that replaced our roof are friends with the Body Crop and the Insurance Broker. I need to find someone that can investigation all this as something isn't right and I just can't pinpoint this.
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John Melis, Expert

I appreciate your situation. If you have sufficient information, you should raise this to the body corporate in a formal email, and where they failed to respond effectively, your Nextep is the tribunal.
Customer
I would like to know if a unit holder is the Broker is that a conflict of insterest.
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John Melis, Expert

It is not a conflict where it has been disclosed properly.
Customer
Okay thank you.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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