- This topic has 3 replies, 3 voices, and was last updated 12 years, 1 month ago by -.
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Topic
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Can a Lot Owner reasonably expect to claim back the equivalent cost of a bathroom shower repair to offset his reno costs????
Opinions appreciated…
Thank You..
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Replies
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If you’re saying that the shower recess has a leak for which the Owners Corporation (O/C) is responsible to repair because the tiles etc are those originally fitted when the building was constructed, and they’re fitted to the floor and/or an external wall of the Lot, then YES the Lot Owner could ask that O/C to make a payment to them that’s equivalent to its costs to repair only those Common Property areas of the shower recess.
And YES the Lot Owner could put any payment from the O/C towards their costs to renovate (the bathroom) provided of course that they’d first obtained the O/C’s written consent to the entirety of those renovations.
Thank you Whale. My advice from Fair Trading and from Land and Property Office was similar but that the Lot Owner has to make a case proving that there is a leak, with the appropriate proof.
Technically, the Act makes no reference to reimbursement of any renovations and as such I’m advised now that a body corporate can refuse reimbursement.
That it can be mediated in Fair Trading and can be taken Legal if an Owner decides to go down that path.
We have a situation where the Lot Owner wanting to claim a reimbursement, denied same to previous owners who renovated bathrooms and kitchens in the past when that lot Owner was in fact on the Committee. It has been said by some that the Lot Owner might be trying to take an advantage with new Owners that he denied to Other Owners who have since sold and moved on.
Not a good situation to find us in as we are aware of another new Owner who has renovated and who will now attempt to claim back.Either way it causes ructions in the complex to have people feel discriminated against.
I think the same rules shall apply regardless of whether it is a residential property or a commercial property. You have to see the source of the issue. If the works performed by another party which eventually lead to problems, then that particular party should be made liable. If those previous works they did still work fine and do not raise any concerns, then they should be safe from charges.