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A water flooding issue – The neighbouring apartment is an investment and turns over tenants annually. 3 years ago my water came in from what I assumed was my neighbours apartment and into my bedroom. The manager agreed and felt it was probably the washing machine accident. The carpet was dried out and no staining so I wasn’t too worried as the water was clean.2 weeks later it happens again with much more water and as I was away at the time the damage was a lot more severe and the carpet had to be replaced. I invited the building manager and the owners of the property to take a look as someone needed to take responsibility. Naturally the owners said it couldn’t be from their property and that it had to be a building issue. The building manager said that was impossible and it was defiantly from their property. No one could agree and it went on for weeks.
I claimed it on my contents insurance, paid the excess and got new carpet. It was never resolved but I moved on putting it down to a freakish accident.
Fast forward 6 – 9 months to this week and water has again come in from the neighbouring apartment but in a slightly different area this time (i.e. from a slightly different source). On inspection of both properties the building manager found it was the dishwasher this time. Although the water was clean it is brand new carpet and I am furious. It has not been stained and has dried out but only because I was able to act quickly. Would be different had I not been home.
I have not contacted the owners of the adjacent apartment yet nor have I alerted the Strata Executive group. I wanted to check what my rights and options were.
Is it right that water can flow so easily from one apartment to the next? Who should take liability and responsibility? I do not hold out hope of compensation but rather a reassurance that this will be fixed or that there is agreement on action should it happen again. 3 times in 3 years is a bit much but I assume this isn’t a unique occurrence.
Please, any advice? *sigh*
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Hi (again) bojooth,
The wall between your Unit and the one adjoining is Common Property, and the maintenance / repair of faults within it is the responsibility of your Owners Corporation.
However, in this case the problem that you're experiencing with the egress of water from the adjoining Unit into yours is not due to any fault within the common wall, as kitchen floors/walls don't have a waterproof membrane like the wet-areas within the Unit (bathroom/s, laundry)
In this instance, the fault has been identified as being with an appliance within that adjoining Unit – specifically a dishwasher. So, rectification of the problem, whether that be user-error or with the appliance itself, is the responsibility of the Owner of that Unit and/or the Managing Agent.
You should immediately contact that Owner (ideally in writing, with copies to the Building Manager and the E/C Secretary) to notify them of the problem as identified by your Building Manager, and insist that they take immediate action to identify the fault, and to remedy it.
With regard to liability for the damage to your Unit's floor coverings, technically the Owner of the adjoining Unit is liable, but as there's apparently no permanent damage, albeit due to your prompt actions, I'd leave that alone provided the leakage issue is promptly addressed.
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