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QUESTION: In our very small block, the kitchen cupboards of the ground floor flat have started to rot because of damp in the walls. The owner wants us to replace the damaged kitchen cupboards as well as pay for anything broken as a result and all associated costs like plumbing and electrics.
To add to the confusion, the owner showed us a building report she had done when she bought the flat several years ago, which alerted her to the high damp readings in these walls and the likelihood of it damaging the kitchen if not addressed. She never brought this to our attention.
We are happy to pay for an internal damp course to run behind the kitchen as this is part of the repairs to common property but do we have to pay for a new kitchen as well? – Damper, Manly.
ANSWER: There are two general issues here – the first is whether or not you are liable for damage caused to the kitchen and secondly whether the owner has a responsibility to report that there was a problem.
The first issue is more clear-cut than it seems; generally speaking, if a failure to maintain common property has caused damage to an owner’s property then the Owners Corporation is liable for repair or replacement.
However, I reckon if this went to court (where you could end up anyway, even if you go through Fair Trading and the CTTT) a judge might well rule that the failure to alert you to the problem has contributed to the damage and therefore this owner can’t expect an entirely free kitchen out of this.
You want to avoid court or the CTTT if you possibly can because it will cost everyone time, money and – most importantly – heartache. So my advice would be to take advantage of the free mediation offered by the Community Justice Centres (Tel 1800 990 777) and try to resolve this amicably, because any form of litigation is a world of pain for both parties.
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