[Jimmy-T]

It sounds like your owner might think they have won the common property golden ticket – a completely new bathroom at their neighbours’ expense.

This is how this works:

1. If the bathroom is truly original and has never been updated in any way then the waterproofing is the responsibility of the owners corporation.*
2. To fix the waterproofing properly, it may need the complete removal of the floor tiles.**
3. Removing the floor tiles will probably mean removing the WC, sinks and floor-standing cupboards.  These will probably be unusable.
4. The wall tiles will also be affected, hence the possibility of the need for a complete renovation.

*If the floor tiles have been replaced at any time you have a case for saying common property has been damaged so responsibility is not as clear-cut as if they were original. ** There are products that can be sprayed on to bathroom floor to reseal the waterproofing (see below). A Google search brings a up a few products and services that might fix the problem in a way that would save the OC a ton of money. Look for “spray-on bathroom waterproofing”.

Frankly, I think a full reno for a leak from a bathrom to a laundry (rther than common property or another unit) may be overkill. But if you decide to go for a full-scale bathroom reno, you can negotiate with the owner to pay for a like for like budget – i.e. the OC will pay for a bathroom that would be roughly the same standard and the owner can top that up with  fancy new stuff if they choose.
For instance, a toilet seat can range in price from less than $40 to over $400. A toilet can range from around $400 to approaching $3000. You don’t have to pay for a Rolls Royce solution to a Toyota Corolla problem.

Also, remember that the OC’s responsibility is only to fix the problem and replace anything damaged during that repair.
That’s where a spray-on solution might be better – but you would want it to be done professionally with guarantees.  And treat it as an experiment. Be prepared for it not to work, meaning you might be back to square one.
Another consideration is if the bathroom is original, then you might find waterproofing in other units is about to fail and you could be faced with the same issue over and over again.

I’d be really interested to hear from Flatchatters who have used this method to deal with bathroom leaks. Meanwhile, this is what AI says about spray-on waterproofing (but bear in mind that AI sometimes gets things wrong).

Spray-on waterproofing for bathrooms involves applying a liquid waterproofing agent to surfaces like tiles, grout, and shower glass, which then dries into a flexible, impermeable membrane. This method is popular due to its ease of application and ability to bond with various materials like concrete, tiles, and even metal.
It’s a common alternative to traditional waterproofing methods like membrane sheets and can be applied to both new and existing bathroom surfaces.

What it is: Spray-on waterproofing is a liquid sealant that is sprayed onto surfaces and then dries to create a waterproof barrier.

How it works: The liquid sealant is typically a water-based membrane that is applied using a spray gun. Once dried, it forms a flexible, waterproof barrier that prevents water from penetrating the surface.

Where it’s used:
Bathroom surfaces:  It’s commonly used on bathroom tiles, grout, shower doors, sinks, and fixtures.Shower and wet areas: It’s suitable for waterproofing shower enclosures and other areas exposed to water.Various materials:  It can be applied to concrete, masonry, stone, fibreglass, and even steel, according to hipages.
Benefits:
Ease of application:  It’s a faster and simpler method compared to some traditional waterproofing techniques.
Bonding: It adheres well to various materials, creating a seamless and reliable barrier.
No joints or weak points:  Unlike some methods with seams, spray-on waterproofing can create a continuous, watertight layer.
Versatility:  It can be used on different surfaces and for various applications.

Considerations:

Professional application:  While DIY application is possible, some regions may require a licensed professional for waterproofing work, especially in NSW and Queensland.
Proper surface preparation:  Proper cleaning and preparation of the surface is crucial for effective waterproofing.
Application rate:  The recommended application rate may vary, and multiple coats might be needed to achieve the desired thickness.
Longevity:  Like any waterproofing system, its effectiveness can be affected by wear and tear, and it may need maintenance over time.

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[Jimmy-T]

Jan Shaw wrote:

Can I please get further clarification about having a special resolution to say “no” for this to be rejected?

My point is that this might need a special resolution by the lot owner to have the awning repaired under strata insurance if it is not part of common property.  They would have to get 75 percent of owners voting at a general meeting for that to be approved.

If the OC has already said no, it’s up to the lot owner to challenge that, not incumbent on the OC to reiterate its decision.  I’m curious to know how the strata manager can decide that lot property is covered by strata insurance, unless it is deemed to be a fixture.

And yes, failure to maintain the awning should be a contribution factor in paying for its repair or replacement. But has anyone contacted the insurer about this? If they are prepared to pay, and there is no impost on the other owners, why fight it?

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[Jimmy-T]

Ziggy wrote:

Jimmy, just wondering what the laws are that came in last month? Did I miss that? Does it refer to strata living?

These were covered in detail about a month ago when they first came in, in this post.

And you say: It would be another to issue a running commentary about a resident’s behaviour that continues for weeks and months. How about a year? One of my neighbours has been named and shamed endlessly but has also had to put up with misleading claims and accusations about any job they want done in order to sway the owners to vote against them.

The only way to find out is to rock up to your local police station with print-outs of the negative emails and strata committee minutes, a copy of police NSW fact sheet on harassment and ask them what they think.

 

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[Jimmy-T]

As it is a special resolution, you only need 25 per cent of the owners voting at the general meeting to say “no” for this to be rejected.

And what was the incident that might trigger an insurance claim?  Insurance doesn’t cover normal wear and tear.

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[Jimmy-T]

It’s a stretch, I agree, and no strata committee meber is likely to be jailed for it, although international drug cartels aren’t really the province of internet trolls.

Forget the Feds, what could happen if your average local cop were presented with a sheaf of insulting emails and harassing notes is a whole other issue. Have a look at this NSW police fact sheet, for instance.

It’s clearly a matter of degree but those chairs and secretaries who routinely use their strata minutes to belittle and abuse owners in their buildings might just take a moment to think before they hit the “name and shame” button if there’s a chance they might have strayed into the area of cyberbullying.

It’s one thing to note that the resident of apartment X has been the subject of complaints.  It would be another to issue a running commentary about their behaviour that continues for weeks and months.

I wear my frequent naming and shaming in our block’s strata minutes as a badge of pride. But I wonder if being collared by the local plods would be reason enough for a strata committee officer to be ejected under the laws that came in last month.

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[Jimmy-T]

Have a look at the cases of Michael Lee and Whitney Wang and you’ll see how hard it has been to get the authorities to do anything about badly behaved strata managers.

When Lee was removed from one building, the Tribunal awarded the contract to a company supposedly run by his wife.  The same week one Tribunal member removed Wang from a building, another Member made him a compulsory appointment at another.

All that’s happened with the new consumer protections is that SCA-NSW has changed its standard contract so that it complies with consumer law.

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[Jimmy-T]

By the way I have moved your posts to this thread as they were taking over a separate discussion.

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[Jimmy-T]

There is no set by-law for anything.  You get your solicitor to draw up the necessary by-law and to include wording that makes it clear that you believe this is a sustainability resolution. That resolution will probably require a common property by-law  at the very least to transfer responsibility for the new infrastructure to the lot owner.

For clarity’s sake, this is what the Act says:

132B   Financing and installation of sustainability infrastructure

(1)  Before approving a sustainability infrastructure resolution, the owners corporation must consider the following—

(a)  the cost of the sustainability infrastructure and works including any expected running and maintenance costs,

(b)  who will own, install and maintain the sustainability infrastructure,

(c)  the extent to which the use of the sustainability infrastructure will be available to all or some of the lots in the strata scheme,

(d)  any matter prescribed by the regulations.

(2)  In this Act—

sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—

(a)  to reduce the consumption of energy or water or to increase the efficiency of its consumption,

(b)  to reduce or prevent pollution,

(c)  to reduce the amount of waste sent to landfill,

(d)  to increase the recovery or recycling of materials,

(e)  to reduce greenhouse gas emissions,

(f)  to facilitate the use of sustainable forms of transport,

Note.

For example, installing electric vehicle charging stations.

(g)  a purpose prescribed by the regulations.

sustainability infrastructure resolution means a resolution to do any one or more of the following that is specified to be a sustainability infrastructure resolution—

(a)  to finance sustainability infrastructure,

(b)  to add to the common property, alter the common property or erect a new structure on common property for the purpose of installing sustainability infrastructure,

(c)  to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of sustainability infrastructure.

AND

139B   Restrictions on by-laws—sustainability infrastructure

(1)  A by-law has no force or effect to the extent it would prevent the installation of sustainability infrastructure solely for the purpose of preserving the external appearance of a lot or the common property.

(2)  This section does not apply to common property that is—

(a)  heritage-listed, or

(b)  within a heritage conservation area.

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[Jimmy-T]

StuMcL wrote:

We engaged Strata Advise as our broker and they did a great job

Hmmm.  Maybe we should ask them if they want to sponsor us.

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[Jimmy-T]

The only way you will resolve this may be by just going ahead with the renovation on the grounds that it has been approved or taking your SC to Fair Trading and NCAT on the grounds that they are failing in their obligations under Section 232.

What was the process by which they overturned the previous approval? Was there an amendment to the original application?  Did they raise the issue again?  What is their objection and waht were the grounds on which they refused?  Was it not approved as a special resolution in the first place.  If so, the only way that can be rescinded is through another special resolution at a general meeting.

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[Jimmy-T]

I think changing your insurance broker would be step one in this shemozzle.  The potential conflict of interest is glaring.  SCI is pausing their sponsorship of Flat Chat but I would still recommend talking to them.  And yes, you can do so directly if brokers aren’t giving you what you need.  SCI set out to service small strata schemes and yours may fit their bill.

One other thing, you have now sent three variations on the same post.  Please stop.  We get the message.

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[Jimmy-T]

How old is your building? Sounds like a building defect.

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[Jimmy-T]

kaindub wrote:

The PM will find you builders and run a tender process

I think he means Project Manager rather than Prime Minister

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[Jimmy-T]

Ziggy wrote:

There is no mention of by-laws in your comments .

The special Sustainably resolution would be to approve the relevant by-law.

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[Jimmy-T]

Quirky wrote:

If there is no renovation by-law registered, then the ongoing maintenance and repairs remains with the OC.

True but I believe the OC can compel the new owner to either reinstate the common property or agree to a by-law transferring responsibility to the lot owner. E.g. non-approved air-con breaks down, the OC can say they won’t fix it and instead will remove it and reinstate the common property.  The lot owner can then agree to a by-law meaning they fix it themselves or lose the air-con completely.

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