Flat Chat Strata Forum Common Property Current Page

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  • #7633
    Chesa
    Flatchatter

      I am the owner of a ground floor unit. The managing agent contacted
      me to advise of a leak of a hot water pipe in the backyard. Plumber attended and  I approved to have the leak fixed. The strata manager when advised of my claim for payment of the plumber account refused
      to pay for the repairs.

      Advice was received from LPMA* it was a common property matter and
      after a number of requests the Strata Manager agreed to pay half of the
      plumbing repairs, four months after the date of repair. I considered that the chasing of the other half of the account to be futile.

      I have now been advised by the managing agent the tenant is
      requesting reimbursement for the additional electricity costs incurred while the pipe was leaking into the backyard.

      Can you please let me know where I stand on this matter as I will forward the request for reimbursement of electricity costs to the strata
      manager.  If I am sure of my facts I will also request the payment of the half of the plumbing costs. It is now ten months since the original plumbing repair.

      *The Land and Property Management Authority which earlier this year  evolved into four different bodies, the relevant one for us being Land and Property Information which you can access HERE.

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    • #13691

      Hi Chesa

      Section 62 of the Strata Schemes Management Act requires the OC to maintain and repair common property. Therefore, if the hot water pipe was common property, the OC was responsible for it’s rectification. Further, a lot owner who suffers loss and damage as a result of a breach of s. 62 can recover that loss and damage from the OC.

      Regards

      Chris Kerin

      Partner – Building Defects
      ———————————-

      #13697

      Chesa,

      I think the key question here is ‘is the pipe common property?’ if the pipe is in your backyard, and depending on the definition of the stratum of your lot on the strata plan, this pipe could be your property (by the description you have given so far, I’ld be guessing that it’s not common property). However if it was a burst supply pipe, it is likely to be covered by the OC’s insurance. The oc’s insurance is not likely to cover the claim for the perceived higher electricity consumption cost, and the tenant would need to be able to evidence that there was actually higher consumption.

      Good luck

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    Flat Chat Strata Forum Common Property Current Page