Flat Chat Strata Forum Common Property Current Page

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  • #62860
    EC 2022
    Flatchatter

    I am a lot owner in Vic of an apartment. The skirting boards in my apartment along the external wall of the building have damp damage. A plumber has said that the damage is coming from poor waterproofing on the facade of the building, to fix it they need to cut the length of my wall and inject foam then replaster and repaint.. It took a long time for the OC to send the plumber to have a look and now I can’t not get an answer about who is going to pay for repairs of $3000. Whose responsible for the repair to my internal wall?

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  • #62867
    Austman
    Flatchatter

    responsible for the repair to my internal wall?

    Unfortunately, it might be you.

    Waterproofing of lots in VIC is often a lot owner responsibility, even in apartments.  Especially if waterproofing membranes or similar are involved.   That’s due to legislation.   They usually belong to the lot.

     

     

    #62881
    EC 2022
    Flatchatter
    Chat-starter

    The waterproofing is to the external wall of the property – leaking in to the space between the external wall and my wall. Is this still my responsibility?

    #62883
    Jimmy-T
    Keymaster

    Even if the problem is with the external wall, which is probably common property, the owners corp may invoke section 49 of the Act which says:

    OWNERS CORPORATIONS ACT 2006 – SECT 49

    Cost of repairs, maintenance or other works

    (1)     An owners corporation may recover as a debt the cost of repairs, maintenance or other works carried out wholly or substantially for the benefit of one or some, but not all, of the lots affected by the owners corporation from the lot owners.

    (2)     The amount payable by the lot owners is to be calculated on the basis that the lot owner of the lot that benefits more pays more.

    (3)     The works referred to in this section may be to the common property or a lot.

    Your best bet here may be to argue that while the repairs directly benefit your lot, they would also benefit the building as a whole and therefore the costs should be shared.

    Having said that, there are many elements of Victorian strata law that are a total mystery to me.  Put a call into Consumer Affairs Victoria or talk to a strata lawyer to get a definitive answer.

     

    #62884
    Jimmy-T
    Keymaster

    Waterproofing of lots in VIC is often a lot owner responsibility, even in apartments.

    I thought that mostly applied to bathrooms in individual lots.

    #62892
    Austman
    Flatchatter

    The waterproofing is to the external wall of the property – leaking in to the space between the external wall and my wall. Is this still my responsibility?

    In VIC it depends:

    1. If the external wall is shown as a lot boundary on the Plan of Subdivision,
    2. What’s on the other side of the external wall,
    3. On the notation on the Plan of Subdivision (eg interior or exterior face) and
    4. How (where) any original waterproofing was installed.

    In VIC, indoor leaking from a common property wall, floor or ceiling separating a lot’s inside from a lot’s outside balcony, terrace or courtyard is likely to be a lot owner responsibility.  Indoor leaking from a common property wall, floor or ceiling separating a lot’s inside from common property outside is likely to be an OC responsibility.

    But it can depend on the answers to the 4 points above.

     

    #62953
    Sujenna
    Flatchatter

    JT, what is the position in NSW? A tenant here has made a water ingress complaint which looks like being a costly repair.

    #62977
    Jimmy-T
    Keymaster

    Generally speaking, if the problem is caused by or on common property, it’s a CP issue, but if it emanates from another lot, even if it passes through CP, it’s the responsibility of the other owner

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