Mould can be a health hazard, so who is responsible in strata and how it is dealt with?
Top 3 takeaways for dealing with mould Issues in strata:
Get technical
We are not mould experts. So find someone who is and also find actual, technical solutions to the problem. There will be plenty of ‘traditional’ methods for addressing mould, we think some may be old wives’ tales. Find the real story about it from people who know what they are talking about.
Act early
By the time a mould problem has been left to fester for weeks or months, it may have already had a health impact and would likely be more costly to remove. So don’t leave it, attend to the problem as soon as it becomes evident or known.
Work with tenants and their agents
Where tenants (known as occupiers under strata legislation) are involved, the body corporate should work with them, and letting agents, to address mould issues. Bodies corporate absolutely have an obligation to deal with occupiers direct in some situations – that obligation is not always well known or understood.
Helpful links
- Zemindar Court - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/463.html?context=1;query=mould;mask_path=au/cases/qld/QBCCMCmr
- Hacienda - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/106.html?context=1;query=mould;mask_path=au/cases/qld/QBCCMCmr
- Webinar about recent decisions in relation to nuisance https://blog.hyneslegal.com.au/webinars/smoking-in-strata-webinar
- Webinar about water ingress in strata https://blog.hyneslegal.com.au/webinars/h2-uh-oh-water-ingress-in-strata
- Suggested link: https://themarketherald.com.au/trouble-in-the-stratasphere-2022-05-30/
Hynes Webinar Hosts
Frank Higginson
Partner & Director @ Hynes Legal
Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.
Chris Irons
Director & Consultant @ Strata Solve
Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris ' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve