Flat Chat Strata Forum Common Property Current Page

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  • #8900

    Who is responsible for downpipes opening onto private terraces/verandahs?

    When it rains my terrace becomes a lake mostly due to a vast flat roof’s, down-pipe outlet, attached to the side of the building finishing on my terrace. 

    The next door unit’s terrace also drains on to my terrace, they have no outlet of their own. Apart from the ‘lake’ effect, the terrace tiles become attractive to black mold/mould, as tiles are not in direct sun to dry them out.

    I would like this open down-pipe problem to be rectified either by taking up tiles and taking drain back to down-pipe or, I am happy to be eco efficient about this and have a slim-line rain tank purchased and installed under down-pipe. This collected water I can use on pot plants.

    Any thoughts?

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  • #18817
    Jimmy-T
    Keymaster

      This sounds very much like a common property problem and the Owners Corporation has to fix it – even if the ‘damage’ is only aesthetic.

      Why not get a quote for what you actually want done – redirecting the pipes or capturing the water – and aks them which solution they prefer.

      If they don’t respond or come up with any BS about it being non-structural or non-functional, direct them to section 62 of the strata Act:

      62   What are the duties of an owners corporation to maintain and repair property?

      (1)  An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

      (2)  An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.

      (3)  This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:

      (a)  it is inappropriate to maintain, renew, replace or repair the property, and

      (b)  its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

      If that doesn’t get their attention, take them to the Fair Trading and the CTTT where they will, at the very least, have to get involved in mediation. You’ll find the forms and links on how to pursue a CTTT order HERE.

       

      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.
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