› Flat Chat Strata Forum › Common Property › Who’s responsible for new waterproofing when there wasn’t any before? › Current Page
@Larry said:
If … an owner subsequently renovates their bathroom and is therefore required to install waterproofing under the Building Code, does the new waterproofing automatically become part of common property and Owners Corporation therefore become responsible for its maintenance / repair?Or does a bylaw need to be passed specifying who would become responsible for maintenance/repair of the new waterproofing?
As ScotlandX indicated, a by-law would be required to install the waterproofing required by the building code and that same by-law would, sensibly, apportion the care and maintenance of the waterproofing to the lot owner.
The fact that there was no waterproofing before is irrelevant. You would treat this as a change to common property and pass the responsibility to the lot owner.
You could argue that the lack of waterproofing was a defect but that would be pointless as all the bathrooms are affected and therefore all the owners would pay for the rectification anyway.
Keep it simple!