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My unit had concrete cancer, so the timber floors were torn up in order to repair the concrete and then were replaced with new timber floorboards, paid by strata.There has recently been a leak of the shower tray, which has resulted in damage to the floor boards.First Question – would this repair be at the strata’s cost?There is no strata by law in place.In addition, the bathroom tiles on the wall are original, the floor appears to have newer tiles that are laid on top of the original tiles which is where the leak is occurring.Second Question – Would the repair of the waterproofing membrane be a strata cost or individual owner?The shower is on internal walls only.Look forward to your feedback.
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Take a look at this site and download LPI Circular 2011/08
As to your problem my feeling is that the shower tray is lot property and so your responsibility to maintain and any damage resulting from it leaking is yours to repair.
If the shower floor is leaking how do you know it’s leaking is it showing up as a leak downstairs if so it’s a Strata problem, if it is just seeping below the new tiles it’s your problem.
One problem could be how old is your unit because the waterproof requirements are those relevant when the building was built and maybe a waterproof membrane was not required in those days beneath the bathroom floor (just guessing as I don’t really know).
@kiwipaul said:
Take a look at this site and download LPI Circular 2011/08As to your problem my feeling is that the shower tray is lot property and so your responsibility to maintain and any damage resulting from it leaking is yours to repair.
If the shower floor is leaking how do you know it’s leaking is it showing up as a leak downstairs if so it’s a Strata problem, if it is just seeping below the new tiles it’s your problem.
I have to strongly disagree.
In the LPI Circular that KP cites, section 2.11c, says “Original floor tiles and associated waterproofing affixed to common property floors” are common property.
This is a common property issue unless the tiling put on top of the original tiles was subject to a formal agreement that the lot owner then took over responsibility for the tiles.
Otherwise, waterproofing and tiles attached to floors are common property. It’s only tiles attached to internal walls that aren’t common property.
In this particular situation, unless there is documentation to prove otherwise, the tiling is clearly common property and damage caused by its failure is an Owners Corporation responsibility (which is not covered by building insurance, by the way).
An easier to read and understand guide to what is and isn’t common property is THIS ONE from Strata Community Australia.
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.
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