Hi chak,
My thoughts on the issues raised:
Tiling over existing tiles
This is an acceptable practise for repairing or renewing tiles in existing buildings providing the base tiles are sound and can support the new, the owners are happy to accept the visual result (it will add another approx 10mm layer thickness to the wall and show a thicker edge if visible) and the edges and joints with other elements are finished neatly. It is not regarded as “bad work” in the industry if it is done properly.
This practice has the main advantage of minimising the extremely messy and dusty demolition phase that you have to endure if you are removing the old tiles. It is also much cheaper due to the cost of disposal of old tile rubble and protecting the apartment from the mess if demolition.
Common property line
Agree with the others who commented and assume they included the new overlying tiles as part of the common property as they are part of the original installation.
Approach from here?
The approach you should take depends on the reasons for the EC wanting to redo the tiles:
- If the workmanship is unsatisfactory (eg untidy edge finishes, etc), it should be fixed by the builder at their cost;
- If they don’t like the look of the overlain finish (workmanship is fine) and builder did not get approval for this repair method, then it leans towards the builder to fix.
- If they don’t like the look of the overlain finish (workmanship is fine) and builder did get approval for this repair method, the builder is off the hook. If the EC approved it, they might just have to live with it in this case;
- If they simply don’t like the look of the tiles they have selected and they had approved the tiles before installation, it should have nothing to do with the OC and special levies, common property or not. They would however need OC approval to change the tiles in this case but not OC to pay.
You should try to find out which of the above applies. This will be highly relevant to a debate for a motion to raise a special levy
Alos, try to avoid getting another builder involved as this will interfere with your HOW insurance.
Regards,
Rob T