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Hi – I have a question about repairs to our bathroom by the owners corp – we are tenants.The shower recess in our flat has been leaking into two adjoining flats because no waterproof membrane was applied when it was built in late the sixties – water is pooling behind the tiles and seeping through the walls and ceiling. Tiles have fallen off the wall once before and been repaired by the owner, and the shower is full of mould that we can’t clean, so it’s not in acceptable condition and is actually dangerous to use.After complaints from the owners of the adjoining flats, about a 18 months ago we raised it with our owner, but because of the age of the building, the cause of the leak (behind the tiles) is common property.The strata manager sent a builder to inspect it, who quoted for the remedial work, but the expenditure was never put before the EC.The complaints continued and earlier this year, after we complained to the EC, the manager got authorisation to do the repairs. We then heard nothing from the strata manager, but a builder called me out of the blue to arrange the work. Because he said our bathroom would be out of action for only 3-4 days, we agreed on a start date. I arranged with the caretaker to get access to a filthy but usable common bathroom at the base of our building.Then the builder didn’t show up on the agreed day to start the job. We complained to the manager and EC. The strata manager now says it will actually take 7 to 10 days to finish the work. We don’t know whether there will be damage to the building behind the walls, because they’ve been waterlogged every day for nearly a decade, so there are potential contingencies to consider that may lengthen the job even further.We’ve refused to let the work begin until we have written assurances about what will happen to accommodate us if the work isn’t completed on time. Once the shower is ripped out to start the work, we have absolutely no leverage to force strata to intervene and get the job back on track. The manager generally doesn’t respond to emails or calls and doesn’t forward correspondence to the EC even when its addressed to them.Our question is: under the law, what is the owner’s corporation obliged to provide for us while our bathroom is unusable? What would the likely outcome be if we went to NCAT to get orders about it? We don’t want to go to our owner for a rent reduction, as we feel the the owner’s corp should bear all the costs of repairs to common property.Thanks for any advice you can offer.
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Your rights are against your landlord. Similarly, if there is an issue with the flat that means work has to be carried out, the strata manager should be dealing with the landlord (or their agent) at first instance. Unless you are authorised to act as the landlord’s agent for those purposes, you shouldn’t be agreeing to anything (apologies if you are authorised).
What you should be doing is contacting your landlord/their agent and telling them what is going on. As a tenant you have a right to a bathroom, so presuming the work goes ahead and you don’t have a bathroom, the landlord has to make arrangements to deal with that, either by finding you alternative accommodation and/or taking account of it in your rent. If the bathroom has been in an unacceptable state for that long, then the landlord has to do something about it, which may involve a number of things.
I am not sure why you say you don’t want to go to the landlord re a rent reduction – your primary relationship is with them, that is why you pay rent to them. They have to sort it out with the OC, not you. You are right that the OC has to pay for repairs to the common property, but that’s not your problem!
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