- This topic has 1 reply, 2 voices, and was last updated 9 years, 9 months ago by .
-
Topic
-
We live in a 10 unit apartment block. The owner occupier on the second floor had a leaking washing machine that she was aware of for the past two years. The unit below her has water damage in the ceiling. We are arguing about who has to pay for the repairs of the ceiling. Some are arguing that the body corporate will pay. However, as the owner of the unit was aware that her washing machine was leaking we feel that she should pay for the damage. Who is responsible? Can we legally force her to pay as we do not feel we should have to pay for someone’s negligence.
-
Replies
-
It is not particularly relevant to the duty of the strata scheme that the deterioration has happened over a considerable period of time. The responsibility of the strata scheme is continuing and just because it has lately come to light, will not necessarily negate the strata scheme’s duty.
The first step is for the strata scheme to repair. The second step is for the strata scheme to try and recover the cost of the repair from the upstairs owner who may have caused the damage.
If someone else damages your property, then like any damages claim, you may take legal action to recover the cost of repairs from that person. This will most likely be under the general law of nuisance.
In the decision in Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507 (Unreported, Brereton J, 23 December 2010) the Court held that the Hemptons’ obligation to indemnify the owners corporation arose under the general law of nuisance.
See here for more information on how to go about seeking recovery of costs by the strata scheme from an owner:
https://www.netstrata.com.au/liabilities-of-owners-for-damage/