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I was not home when there was a leak in my kitchen. I first became aware of the problem when the building manager rang me to ask if he could get in my unit as they believed there was a water leak originating there. The leak was fixed and paid for by me. There was minimal damage fortunately.
Now there is a $1300 invoice from the same plumber for investigation for the source of the leak, not repairing it or the water damage. I believed the body corporate who authorised these investigations in an adjoining unit are liable under the strata law. The chairman says the invoice is above what they can claim under their insurance, which seems strange to me. But regardless, am I liable for fees for investigation of a leak that originated in my apartment? Thanks for your advice
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Just to clarify one statement. Some insurance companies will not pay the cost of investigating where the leak is coming from. It will be stated in the policy document.
So someone is out of pocket this amount.
My experience falls both ways
1) The leak was in the pipe in a common property slab. The OC paid the investigation costs.
2) The water leak was from a lot owners fish tank. Clearly not common property. Lot owner paid the investigation.
Water leaks can occur from all sorts of pipes and fittings. I don’t believe that it’s altogether clear, by way of the legislation, nor the guides provided by a fair trading, where the delineation is in all cases.
I think in these types of cases the OC has the lot owner over a barrel. If the lot owner has paid the bill, the lot owner may have to take the OC to court to recover the cost, and the chance of success is not guaranteed.
If the OC has paid the bill but requests reimbursement from the lot owner, the lot owner will become unfinancial till the bill is paid or resolved.
I would ask the Owners Corporation to
1. Supply the section of the act which authorizes the ability to pass on the costs.
Basically they can’t add costs to your lot account.
If you did not fix the leak after they told you to (and you did), then they can pass on the costs of the works to maintain/limit damage to common property. That is in the Act.
Call their bluff.
Seek an application for mediation with NCAT, and/or get a Lawyer; SGL are very good at it. To inform them that they have no rights to forward the costs and the amount including interst and other associated charges are to be removed.
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