Flat Chat Strata Forum Common Property Current Page

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  • #7170
    Anonymous

      A townhouse unit in our complex has had a bathroom on the first floor leak and damage their ceiling on the bottom floor. Strata insurance agent and insurer have advised that the bathroom leak is not covered as it is a building warranty issue (no warranty exists as the building is more than 7 years old).

       

      However the resultant damage (the damage to the ceiling) is covered. Question – who is liable to pay for fixing the bathroom? Should the strata pay from its sinking fund OR should the owner of the unit pay?

       

      Thanks

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    • #12291
      Jimmy-T
      Keymaster

        At the risk of sounding obvious, if the leak was caused by a fault in common property, then it should be repaired by toe Owners Corporation.  (This is the most likely possibility).  However, if say the owner or a previous owner has replaced tiles without permission or in some other way damaged the mebrane or seal, then the repair should be done by the  owner.

        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.
        #12293
        Anonymous

          Thanks for the reply – according to the plumber, the leak is due to poor construction – so I assume the answer is still the owners corporation?

          #12285
          Jimmy-T
          Keymaster

            Sounds like it to me. If the OC didn’t get a defects claim through in time then they (i.e. you and all your neighbours) have to accept responsibility for everything that needs to be fixed.

            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.
            #12325
            Whale
            Flatchatter

              Whilst the ceiling between the floors of the Lot is Common Property and subject to repair by the O/C, there are a few complications with regard to the repairs to the bathroom, given that you didn't say where the leak originated.

              1. If the leak was a leak or overflow from a shower tray, bath, or sink then many Insurers won't pay the claim
              2. If the leak was from the tiles on or the pipes within an internal wall, like where the shower rose and taps are on the wall between the bathroom and another room, then that's not a Common Property matter and not the O/C's responsibility.   
              3. If the leak was from the ORIGINAL shower base (tiles / membrane / tray), then repairs to that and to one course of tiles up / on the surrounding walls is the O/C's responsibility. 
              4. If the bathroom has been renovated without the O/C being informed, then repairs are the current Proprietor's responsibility. If the O/C was informed, then it's likely that its approval included a condition also making the Proprietor responsible for any and all future repairs on the basis that the Proprietor engaged the tradespeople and approved of the materials / PC Items used .

              I hope all this assists rather than complicates the issues.

              Cheers.

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            Flat Chat Strata Forum Common Property Current Page