Flat Chat Strata Forum Common Property water leak Current Page

#30469
Jimmy-T
Keymaster

    @billy said:
    Thanks for this information but just to clarify, what is the definition of “original”. 

    In this case, “original” would mean the wall when the strata scheme was created.

    The point Kaindub is making is that if the owner has changed the tiles on the wall, for instance, then they are liable and if they haven’t, then it’s an owners corp issue.

    However, you need to look at it the other way round.  The owners corp needs to get it fixed – that is their responsibility, ultimately.  It’s only as a secondary issue that they need to establish who’s responsible and bill the landlord for the repairs if there is evidence that it’s his fault, e.g. because of renovations that they might have done.

    This scenario offers limitless opportunities for faffing around pointing fingers and getting nothing done. Demand in writing that the OC takes action and if they don’t do anything within two months (less if you can show that you have already made a complaint), start proceedings at NCAT as described above.

    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.