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Hi,
Long time reader – first time poster.
I’m not sure how best to approach this, or actually get something happening in terms of a resolution.
The issue is this:
I am currently a tenant of an apartment in a building of 24 units in Perth, WA. The garage is, like almost all apartment buildings, located directly below the building.
Unfortunately, there appears to be some significant water leaks throughout the building – granted it appears to be only from rain – however the water is leaking through the concrete etc, collecting concrete and lime dust, before landing on my car and – essentially – drying there to an immovable state.
The issue first raised its head in April this year, where, after a number of Managing Agents and emails back and forwards, the resolution was for the installation of shallow ‘evaporative drip trays’. I’m sure you agree, a band aid action rather than a solution, and it took 3 months for this to happen.
It now appears to be that the band aid solution has failed, and the issue is returning. I have advised the real estate agent in writing, and also advised that I would not be tolerating a 3 month period for resolution – but i’m not sure what else can be done.
I doubt i could serve them of a breech of agreement, because the issue appears to be a common property issue.
Any suggestions would be appreciated.
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Firstly, whilst I don’t reside in WA and more’s the pity, Strata Law over there would I’m sure make the building’s raft slab, which is also the ceiling of the garage space, Common Property and therefore the responsibility of the Strata Company.
You haven’t said whether your vehicle needs to be repaired post the depositing of that lime-laden liquid, but even if it only needs to be cleaned and detailed, the best way to jog the Strata Company into action would be to lodge a Statement of Claim against them for the costs of you having that and any other remedial work on your vehicle completed, incorporating a reasonable time-frame within which you expect remedial works to their Common Property (ceiling and drainage) to be completed.
You need to get a quotation, ascertain who the Strata Managers are, and then lodge your Statement of Claim with them, and even if the “event” is not covered by the compulsory insurance (incl. liability) that the Strata Company is required to hold, their liability remains.
As you’re a tenant, it would be prudent to copy everything to your Managing (Rental) Agent for on-forwarding to the Landlord/Owner, because even though I’m not familiar with WA Tenancy Laws, I’ll bet they’re very similar to what’s in place here in NSW, where you would be entitled to claim a rent reduction due to part of the Rental Premises (the garage) being unusable.
So include a note to that effect with the copies that you provide to your Managing (Rental ) Agent, because the possibility of a rent reduction claim will no doubt encourage your Landlord, who is a Member of the Strata Company, to push things along with them.
Unfortunately this is a really common issue in apartment buildings. A part of the problem is that (from my understanding) the BCA only says that “habitable” areas need to be waterproof and a car parking space is not considered a habitable space. Unless the construction plans originally called for a waterproof membrane to be installed it may not be considered a building defect.
The installation of evaporation trays is a very common “solution” also as the likely cost of waterproofing the top side of the concrete slab is often seen as prohibitive.
Evaporation trays will work only if the volume of water being caught by them is small so it has a chance to dissipate before the tray overflows. Ideally there should be by some sort of overflow or drainage pipe directing the water away from the car space.
It may not be an ultimate solution but it should be quick and relatively easy one to carry out.
That’s right – but whatever the space it has to be suitable for its purpose. If a car in a garage is being damaged then it follows that it is not fit for purpose and the space has to be brought up to the appropriate standard, which is not necessarily BCA.
Hi Heals, my first question to u would be are u parked legally.
as in, is your parking spot allocated to your lot.
