Topic: Water leaks – common vs lot property – FLAT CHAT

This topic has 11 replies, 6 voices, and was last updated 14 years, 9 months ago by .

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10/11/2011 at 2:08 pm #7762 Reply | Quote
Will-NSW
Flatchatter
The source of a water leak that has been ongoing for years has been finally resolved. This required the building manager removing a section of an apartment wall behind a fridge to acess the bathroom plumbing (an internal wall). A pipe in this internal, non load bearing, wall between the kitchen and bathroom was found to have a pinhole leak. The water then settled on the slab floor, leaked through a crack in the slab to the apartment below damaging ceilings (common property?),paint (lot property?), then down an external wall cavity to the apartment below, damaging MDF window sills (common porperty?)

Who pays for the repairs? owners corp, their insurer or the lot owner or their insurer?

My initial thoughts are that the source leak is not common property but lot property. Therefore the lot owner is liable for all damage to all property. However the building manager, as was necessary, damaged a lot wall to find the source of the leak.

The ceiling of the apartment underneath and the window sill below that are common property, therefore the OC should bill the lot owner for the damage to common property, as opposed to making a claim on the OC's insurance policy.

Or was this damage to common property not intentional, therefore the OC should pay?

Is there an easy answer?
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Reply To: Reply #14150 in Water leaks – common vs lot property

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.