Dear Auntie
Blasted termites! I own a townhouse and my tenant has sent me photos showing what looks like the little buggers munching their way through the bathroom. Who is responsible here? Talking to the committee or strata manager is like pulling teeth, but I guess if I have to go through them, I will.
Regards, Gulliver
Dear Gulliver
Yes, termites are the pits, Auntie agrees. Your challenge here is figuring out where the little critters may be coming from. That’s going to answer the ‘who is responsible?’ query.
Auntie’s general rule of thumb is that if the infestation started from common property, it might follow the body corporate is responsible. On the flipside, if it starts from within your lot boundaries, or you have not maintained your lot appropriately (Auntie is not pointing fingers), it might likely be your responsibility. Auntie suggests reading this adjudicator’s order as a guide. You’re going to need an expert to tell you either way (maybe not this guy). Who pays for that? You can ask the body corporate, but to speed things up you may elect to do it yourself. Especially if it is causing issues for your tenant which may then in turn impact upon the liveability – and thus, rental income – of the lot. Don’t forget your tenant has a right to minimum housing standards, regardless of body corporate responsibility and strata legislation.
You’ll want to approach this one carefully, especially if things with the committee are a bit tense – seems to Auntie like they might be. Termite rectification works are notoriously expensive and the problem can quickly spread if untreated. Formal dispute resolution may take a long, long time. You may have to take a deep breath and approach this in a spirit of collaboration and goodwill. Yes, Auntie knows how unpleasant that concept is! Then again, Auntie is here to tell it like it is. The termites are not listening, but hopefully you will.
Do you have a question for Strata Solve’s Agony Aunt? You can ask it here. While Auntie deeply cares about your strata queries, she regrets she cannot give legal advice or answer every single question, as she is a busy woman.