Reply To: Leak from my flat damaged ceiling below – who pays?

› Flat Chat Strata Forum › Common Property › Leak from my flat damaged ceiling below – who pays? › Current Page

15/12/2022 at 2:47 pm #66697
StrataLawyer
Strataguru

    I am a lawyer and my comments are:

    1. If the cause of the leak is a tap fitting, then that isn’t a defect in common property that the owners corporation has to repair and maintain;
    2.  I am not sure exactly how the water got from the tap fitting to the apartment below.  If that was a problem with tiling, waterproofing or drainage, then that may be an owners corporation problem because those elements are common property;
    3. Flooding will be a trespass or a nuisance and they do not require proof of negligence.

    If you are looking to mount a case that the owners corporation pay this modest repair cost, you may want to suggest that the real cause of the leak to the unit below was the drainage and tiling in the bathroom floor.