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Topic
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In February 2011 i found the carpet along a wall shared with an adjoining unit was wet. I don’t know how long it had been wet as i have bookcases along this wall, and only noticed it when the water spread down past the bookcases.
After several weeks of asking the building manager and getting a different story every time about what was being done, at the end of March he said there was a leak in the adjoining units bathroom between the shower and the wall and it had been fixed. They then got a painter out to paint the wall, a carpet cleaner out to try to clean the carpet which failed, and then a carpet repairer who used a piece from a cupboard to repair the damaged section, in what was now May.
In July that year i once again found the carpet in the same spot wet. I was told that plumbers were looking into it and then they had found a leak around the bath drain. One month later they got around to actually repairing it. Over the next 3 months we went through the process of getting the carpet cleaned and replaced.
I have now found the carpet all along that wall is once again wet. Given that this is the 3rd time i don’t think they have either found the problem or fixed it properly.
Also at the end of the wall is where my bathroom is, with the shower at that point, and while i don’t think the water is coming from my bathroom at that end i can’t be 100% sure.
A large issue for me is seeing as i have bookcases along this wall, every time it happens i have to move all the contents and the bookcases, and in a small unit that turns my home into a storage unit with barely enough room to move, a problem made worse the last time given that it went on for 10 months.
I can’t put up with it going the same way it went last time, and i don’t want it to keep happening, so my questions:
1. I will be speaking to the building manager tomorrow, but given the extremely slow responses they have made in the past, can i somehow pressure them to properly find the problem and fix it, and do it in a more reasonable timeframe? Or do i have to just let them go at their own speed, which could be several months, and could end up just being them guessing at the problem and not actually finding the real cause.
2. If the problem is from my bathroom, who is responsible? I’ve read through several posts saying it depends on whether it is internal or external walls, the wall of my bathroom at the end where the problem may be is both, about 20% internal to my unit, 80% shared with the adjoining unit. The building was built in 1997, and i believe my bathroom is all original.
3. If the problem is from the adjoining unit and is or isn’t the same problem that hasn’t been fixed properly, who is responsible for the damage to my carpet?
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Bubbles – in response to your questions:
1) YES you can certainly pressure the Building Manager, but as they only work for and take instructions from your Owners Corporation (i.e. you), it would be better in my opinion for you to also write directly to the Secretary of your Executive Committee (cc Strata Manager) pointing out everything that you’ve mentioned in your post, and requesting that the matter be formally discussed and resolved at a Committee Meeting.
2) Strictly speaking, in the situation that you describe responsibility for and therefore the cost of repairs would be shared 80:20 between the Owners Corporation (O/C) and yourself, and ideally with repairs being undertaken by the O/C and the costs being shared upon completion of the works. If the O/C doesn’t mention the shared responsibility, then given the inconvenience that you’ve suffered to date I’d be inclined to let that pass.
3) Again strictly speaking, the O/C is only responsible for rectifying the fault and anything that is consequently damaged during that process, and the repair or replacement of your carpet is your responsibility and covered under your contents insurance (if you have it).
By “strictly speaking” I mean under a strict interpretation of the NSW Strata Schemes Management Act, however logic and goodwill (albeit measured given it’s been 3 years) may see a more amenable response from your perspective, which is why I haven’t trawled for any legal precedents – even though those may become relevant IF your Executive Committee doesn’t react in a timely way.
I understand where you’re coming from bubbles (an interesting pseudonym in these circumstances) but again, strictly speaking, the Owner of the adjoining Unit could not be held responsible unless they were themselves aware of the leakage and didn’t report it; and how could that be proven in your circumstances?
Similarly, I agree with you about the replacement of your carpet, and whilst that matter too should be part of your submission to your Executive Committee (not to the Building Manager), if it’s not well received, it may be expedient for you to lodge a Claim against your Contents Insurance and seeking to then only claim your excess from your Owners Corporation.
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