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Topic
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we have a case of an owner complaining of damage to part of a wall in their apartment, that the owner paid to have repaired more than a year ago and the same or similar damage seems to have returned. it looks like potentially water damage but the plumber has not found leaks so far in the wall from any plumbing in the adjoining apartment bathroom backing on to this owners wall, or this owners plumbing. The previous strata manager said repairs to the wall more than 12 months ago when the plumber at that time found no leak in plumbing then either was not OC/strata problem (hence owner paid for).
New strata manager and new EC wanting to be nice but not wanting to pay big bills for repairs we don't need to (are not OC responsibility) are left wondering who has to pay for the exploratory work to find out how/where the damage is coming from (so far at least 2 visits from plumbers and a building inspection likely … )? If no leak if found or no explanation for this repair uncovered without more expensive exploration work, is OC responsible? to what extent? for repair? Arguably the damage to the wall is less than 2mm and is ugly but does not prevent the wall being painted or used.
Further, the owner is suggesting that OC will have to pay for 'lost rent' while they investigate and repair wall and is in between tenants (an investment property owner). We say that the apartment is perfectly habitable and whilst wall might be ugly it's not OC responsibility if owner chooses not to rent out apartment while repairs by owner or OC is done. Are we correct?
thanks
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Replies
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Our strata manager told our OC that the cost of finding the cause of a problem (and therefore whose responsibility depending on that finding) is a cost borne by the OC. So plumbing problems that residents have, the OC pays for a plumber to determine the source. Then determine whether an owner or OC problem.
Not sure re loss of rent. Believe landlord insurance covers this.
mmvilleowner, the wall between Units is Common Property, and the maintenance / repair of anything within it (like plumbing) that serves both Units, either totally or in part, is the responsibility of the Owners Corporation (OC).
So your OC should have attended to the original repair, where its Building Insurance would cover the investigative works involved.
The problem that you describe may be due to galvanic corrosion, that occurs most commonly in hot water pipes where there's condensation on the outer surface of a copper pipe, and that pipe is touching something galvanised; like the tip of a nail or pipe saddle.
If the mark on the wall that you described is a dark green, galvanic corrosion may be the problem, and it will need to be repaired as the corrosion will eventually eat through the copper pipe.
I believe that you're right about the rent issue; if the Unit's habitable.
Hi mvilleowner
The owners corporation is responsible to maintain and repair common property and therefore is entirely responsible for this.
On the question of rent, the loss claimed must be reasonable. That is, if habitable but a bit moldy perhaps the apartment can be rented but at a reduced rent. The OC will, however, be liable for the difference.
Regards
Chris KerinPartner – Building Defects
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