#26244
Jimmy-T
Keymaster

    I’m guessing that the strata manager is relying on section 13 of the “Who’s responsible..?” document (below).

    However, the point is that the ceiling is common property so it should be fixed. They could argue that they don’t have to paint the ceiling … except, the paint would be damaged in effecting the repair, therefore it should be repainted at their cost,

    The strata manager is well off the mark here.  A simple instruction from the strata committee is enough.  Or do they want you to take them to NCAT and have the added expense of a failed case at the tribunal as well as the plaster and paint job.

    Failure of common property (the bathroom seals) led to damage to common property (your bathroom ceiling). Clearly the OC has to fix this on both counts.  Your SM needs to go back to strata manager school. 

    Section 13

    If damage is caused to a lot owner’s property while the owners corporation are effecting a repair, the owners corporation are responsible to fix the damaged property.

    However, if the cause of the damage to the owner’s property was not made when the owners corporation were fixing the problem; instead it was caused by the problem itself, then the owners corporation are not responsible to make good the owner’s property unless the owners corporation can be deemed negligent.

    E.g.: 1. A burst pipe occurs in a wall and the owners corporation have to knock a hole in the wall to fix it. The owners corporation are responsible to fix the hole and repaint the wall afterwards.

    2. A burst pipe occurs in a concrete slab. The owner’s corporation fix the leak, but water stained the ceiling paintwork of the unit below. Here the owners corporation are not responsible to repaint the ceiling because it was not the fixing of the repair that caused the damage.

    3. A burst hot water service soaked the magnasite in a unit and the owners corporation had to take up the carpet to dry the magnasite. Once the magnasite had dried, the carpet could not be re-laid because it had shrunk. The owners corporation would be responsible for the carpet because the carpet was damaged because they had to take it up.

    4. With example 3, if the magnasite was not damaged, the owners corporation would not be responsible to dry out the carpet or replace it, if it shrunk because the damage to the carpet was not caused when the owners corporation were fixing common property.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.