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[clive2000]

We have a leaking pipe in our building which the owners corporation has to fix as it is common property. However it runs through a wall of one unit and the lot owner knew about the problem for over a year before bringing it to the attention of the owners corporation. In the meantime, the problem got worse, more damage was caused and some parts of this owner’s unit and personal items were damaged. The owner wants the owners corporation to pay for fixing up both the leaking pipe and the damage it caused internally. We think the owner should chip in because she didn’t say anything for a year but knew there was a problem and there was no way the owners corporation could have found out sooner and acted sooner.

 

So while the owners corporation has to fix the common property and the damage stemming from it, can we say this owner was contributory negligent (she failed to protect common property when she knew it was in danger and the owners corporation could not do anything because she said nothing) and ask her to chip in for the cost? This owner was the secretary of our committee and did nothing while on the committee to fix this! Seems no different to the situation if this damage was caused by a negligent tradesman/builder/contractor.

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