Refusal by a Lot Owner to allow Access to rectify a Water Leak

Hi Jimmy

Our Strata block has an interesting dilemma that we and the strata manager are drying to resolve. This problem is a water leak from a unit above that has water constantly escaping into a unit below, damaging kitchen cupboards , ceilings , architraves and flooring to that unit below .

The unit owner has denied the Owners Corp and its plumbers permission to enter the unit to trace and rectify the potential leak which could either be a kitchen appliance ( eg dishwasher ) or a pipe .

There is a stalemate whereby the Lot Owner of the potential leak has said not to contact them under any circumstances . The executive committee has made numerous requests in writing and by telephone and by knocking on the owners door and to no avail .The Strata manager has also attempted to make contact also to no avail. Strata Manager has advised that legal advice suggests that this is serious enough to go straight to the Tribunal without Mediation but also advises that this is likely to be a 10 week wait . That would seriously further damage the unit below where the water is leaking into .

If an owner is denying access to resolve an issue this is pretty serious but the lot owners below are the ones suffering with the ensuing damage .

Do you have any suggestions that might to gain access to this unit ? Unit access can only be allowed if there is a genuine emergency which is life threatening.

Also , if access is finally allowed and a plumber traces the water leak and it is deemed to be the Lot owners problem what rights does the Lot owner have below in compensation and repairing the damage that has been caused over the past 2 months and a potential additional 10 +weeks.

If it is deemed to be an Owners Corp responsibility because the leak is identified as a pipe on common property ordinarily the repair bill would be to the Owners Corp. However because of the delay in getting access has been so long that damage has increased substantially surely the Lot owner refusing access bears some if not all the responsibility.