› Flat Chat Strata Forum › Common Property › Leak and replacement – who is responsible? › Current Page
@kiwipaul said:
Take a look at this site and download LPI Circular 2011/08As to your problem my feeling is that the shower tray is lot property and so your responsibility to maintain and any damage resulting from it leaking is yours to repair.
If the shower floor is leaking how do you know it’s leaking is it showing up as a leak downstairs if so it’s a Strata problem, if it is just seeping below the new tiles it’s your problem.
I have to strongly disagree.
In the LPI Circular that KP cites, section 2.11c, says “Original floor tiles and associated waterproofing affixed to common property floors” are common property.
This is a common property issue unless the tiling put on top of the original tiles was subject to a formal agreement that the lot owner then took over responsibility for the tiles.
Otherwise, waterproofing and tiles attached to floors are common property. It’s only tiles attached to internal walls that aren’t common property.
In this particular situation, unless there is documentation to prove otherwise, the tiling is clearly common property and damage caused by its failure is an Owners Corporation responsibility (which is not covered by building insurance, by the way).
An easier to read and understand guide to what is and isn’t common property is THIS ONE from Strata Community Australia.