Topic: By Law Forces Repair to Common Property, Consequences? – FLAT CHAT

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25/07/2014 at 7:34 pm #9610 Reply | Quote
drakes
Flatchatter
I have a large crack that runs in a straight line through a dozen tiles in my bathroom from floor to ceiling on a wall that is common property. There is a by law regarding damage to common property caused by settlement cracks that indicates the OC will not be responsible for repairs if a problem is deemed to be a result of settlement cracks.

I am no structural engineer but I have never seen a settlement crack in a dead straight line through the middle of bathroom wall tiles.

If I am ‘forced’ to replace them due to the by-law,(it has been suggested I ‘silicon in the gap’ which I find preposterous), my understanding of common property and fixings is that if something else happens to non original tiles, it is the lot owners responsibility to repair.

Is my understanding correct and if it is, are there any things I can do to keep the OC responsible for the tiles as the repair is being ‘pushed’ on me?

I don’t mind paying for the fix I just feel a little put out that I, and any subsequent owner, are responsible in perpetuity, for common property that I have no ‘choice’ but to repair or leave,(or fill in with silicon!!) an unsightly crack in my bathroom.

Any advice or tips would be appreciated.
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Reply To: By Law Forces Repair to Common Property, Consequences?

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.