[Lizben]

Lizben said:

Thank you for your advice. The leaking has stopped but the Strata manager, at my request, is now organising for a contractor to come out to assess the damage and the cause of the leak. Thank you again,

Liz

JimmyT said:

A couple of points.  The Strata manager or OC has the power in an emergency (such as damage being caused by a water leak) to gain entry by force if necessary to fix the problem.  That's the number one priority.

Secondly, they need to properly establish what 's causing the problem – a leaky pipe might not be a problem unless, for instance , the waterproof membrane is also defective.  That could make it a common property issue.

Finally, let's just accept the principle that whoever caused the damage pays for the repairs.  This is an entirely separate issue from the flooring noise.  Send him a letter of demand to pay for the paint work.  How to do that and then pursue a case through the Small Claims court is explained HERE.

Jimmy I've just had an assessment of the damage done. According to the plumber, there is no waterproof membrane on the floor of the above unit. Apparently these weren't installed in the sixties, when the units were built.

 

I assume that given that's the case, that my only course of action now is to have the damage repaired and send a letter of demand?

 

Thanks for oyur advice,

Marianne

[Lizben]

Thank you for your advice. The leaking has stopped but the Strata manager, at my request, is now organising for a contractor to come out to assess the damage and the cause of the leak. Thank you again,

Liz

[Lizben]

I have a question that's related to the previous postings. I hope someone can help.

 

Last Sunday water from the unit upstairs began trickling down my bathroom wall, forming a continuous pool of water by the drain. By Monday a section of the paint on my bathroom ceiling began to deteriorate. On Tuesday our Strata Management body advised the owners of the damage the water was causing and confirmed with me that the problem was a leaking pipe from the toilet in the unit upstairs. On Wednesday morning the water stopped, only to begin again today (Friday). The Strata Mgt Body again contacted the owner upstairs, but nothing has been done. Meanwhile the paintwork in my bathroom ceiling continues to deteriorate.

 

The Strata body advised that repairs are not something Strata would pay for, as it is only the paintwork that is damaged and that is not common property. I seemingly have to get the owner to cover damages, which he is unlikely to do given that we are soon to have a mediation session about the ongoing noise emanating from his wooden floorboards late at night and early morning.

 

It seems crazy that an owner can be negligent and not bear responsibility for the cost of the repairs to my ceiling. Is there any way he can be made to pay for the repairs?

 

Given what was said in the previous postings could Strata organise for the leak that is causing the water to flow in to my unit to be repaired?

 

Any advise appreciated.

 

Liz.

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