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Two years ago we had a leak in the hot water pipe, which meant two holes were made in internal walls and the carpet pulled up (and then somehow burnt) when the replacement pipe was installed. The OC paid for the plumbing, but told us we were responsible to pay for the new paintwork and fixing the carpet, even though the damage was done during the repair process of something they owned.
At the time I didn't take it any further, but now am aware that it seems they maybe were responsible.
A new problem has appeared, our bath leaking from somewhere yet to be determined into a laundry below. Before the plumbers go ahead and start putting holes in the bedroom wall to investigate the problem, I want to be sure who has responsibility for any repairs to paintwork and the overall plumbing issue.
I know we own the airspace, and to my view once you have drilled through a wall you can't be in airspace anymore, but maybe I'm missing something.
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You're right, they're wrong. The old “the paint belongs to you” argument in this instance, like the pipes in your bathroom, doesn't hold water.
They damaged your wall and your paintwork to fix common property so they should pay for repairs and painting. Tell them you want a letter committing them to paying for the previous work and any future work before you let them near your walls again.
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.
Hi Giglet
JimmyT is correct. The obligation rests on the OC to repair lot property damaged by the OC when rectifying common property.
A letter from the OC should be a sufficient to ensure payment.
Regards
Chris Kerin
Partner – Building Defects
———————————-The plumbing repair man or their agency will have to is obliged to pay you because this is their fault.
I am in similar situation. The hot water supply would leak once a year and OC would call in plumbers to investigate and rectify. Each time they had to drill a hole through the wall to find and fix the pipe and they would fix the wall afterward. This has happened twice previously and
– The first time 2 years ago, OC had the wall repainted as well.
– However last year, the strata manager said painting within the unit is the owners' responsibility, no matter how the damage occurred. We ended up repainting at our own expense.
Another incident just happened and I forwarded the following from the Act to the strata manager:
“An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.”
The strata manager replied:
“As previously advised, the paint is the Owners Responsibility to repair and maintain. If the Committee would like to waive this, they have authority to do so, the Act and also the building insurance is very specific though.”
What is correct? Is there a part of the Act that says painting damaged due to the repair work is owner's responsibility?
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