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I have a situation in our self-managed Plan where there is a leak inside an internal wall within a Lot, and where water from that leak is running down a wall cavity and into the Lot below.
It’s only a leak (from a water pipe that services only the Lot concerned) and whilst it’s by no means a torrent (yet), it is does need to be fixed and whilst the Property Manager is aware of the problem neither they nor the Proprietor is returning the E/C’s phone calls.
It appears to me that under the SCMA Ch3, Pt2,Cl63 the O/C can enter the Lot in order to have repairs undertaken by a Licensed Plumber, and I believe it can then Invoice the Proprietor of the Lot for the costs of that.
Could some of our Professionals please comment on that approach, and provide some advice with regard to the correct process to be followed and how advice should be provided to the Property Manager and/or the Proprietor?
As always, thanks in advance
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Whale,
You need to be very careful about this approach, but also the fixing of the pipe could be considered to be an OC responsibility. If it is a burst pipe this may be covered by the OC’s insurance and the resultant damage.
I would suggest trying to make contact direct with the resident to try to gain the access rather than the property manager or owner.
In theory an OC should seek mediation and apply for an order for access, but realistically what will happen if the OC forces access to fix common property? Answer is not a lot, the owner would need to take the action, but what would the result be, very little, as long as the OC was just fixing common property.
The OC should not do work on lot property with the intention to charge it back to the owner without getting a written agreement from the owner as a minimum.
Good luck.
I'm not sure that the pipe in the wall ISN'T common property.
However, I would give it one last go and send the owner, agent and tenant a letter telling them that if you can't gain entry by, say seven days, you intend to enter the lot with a plumber accompanied by a strata manager or lawyer to observe that everything is done correctly, and that not only will they have to pay for the plumber but for the locksmith and the strata professional's time too. That might stir them into some sort of action.
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.
Whale said:
I have a situation in our self-managed Plan where there is a leak inside an internal wall within a Lot, and where water from that leak is running down a wall cavity and into the Lot below.
It's only a leak (from a water pipe that services only the Lot concerned) and whilst it's by no means a torrent (yet), it is does need to be fixed and whilst the Property Manager is aware of the problem neither they nor the Proprietor is returning the E/C's phone calls.
The ISTM have a download called Who's Responsible.
You can find it hereThis may help with how to approach the problem as it helps to identify who is responsible.
Normally burst pipes are the responsibility of the Owners Corporation. However, if a pipe is for the exclusive use of the lot, then if it bursts:
• Within the lot – Owners responsibility (e.g. pipe in an internal wall feeding the shower)
• Outside the lot – Owners Corporations responsibility (e.g. the lots hot water pipes but they are in the concrete floor)
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