Forums Common Property Current Page

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  • #10471 Reply | Quote
    haroyd
    Flatchatter

      1.  Plumbing that was originally located in the ceiling space of a block of units that failed and was replaced / repaired with a pipe running under the garage slab and some time later has failed again. Who pays for the repair?

      My understanding is that pipes that run through common property are the responsibility of the OC and presumably once relocated are still an OC responsibility.

       

      2.    2.  Car parking/garaging if there is a minor or significant leak into the garage space due to a failure of the building construction/enclosure is it the responsibility of the “owner of the space”(garage space or their Owners Corporation) to fix or make reasonably water tight or that of the body corporate???

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    • #24968 Reply
      Jimmy-T
      Keymaster

        Both of these questions have the same answer.  To undertstand, you have to consider a “lot” as anything within the (usually) six-sided box formed by the wall ceiling and floor of the lot.  The walls ceiling and floor are common property – the airspace inside, and anything contained in it, is lot property.  And anything within common property is the responsibility of the owners corp.

        So, on the face of it and unless special circumstances prevail, the pipe in the floor of the garage, and its roof an walls, if they are common property, are the responsibility of the Owners Corporation.  

        We can’t tell you for certain that they are because your strata plan and by-laws may be different – but they probably are.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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      Reply To: Water leaks – When is it an O.C. or an owner’s problem?
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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      Forums Common Property Current Page