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Our block has a problem with waterproofing. Two apartments have water leaking into other apartments. In one instance the tenant in the apartment where the water is leaking from have told the Body Corporate they cannot be without access to their shower for the length of time it takes the waterproofing to set (72 hours). The water is leaking through a concrete floor into the apartment below and presumably also spreading horizontally undermining the structural integrity of the building and potentially creating damp problems for adjoining apartments. In the other instance the leaking is due to a dodgy reno in the bathroom and needs more extensive work. Again the tenants are reluctant to have the work done due to the inconvenience. The ceiling in the apartment below has water and rust damage. The Body Corporate seems to be caving in to the obdurate tenants at the expense of other residents. I would be grateful if anyone knows what action the Body Corporate can/should be taking. In the instance of the dodgy reno who should pay.
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I wonder if the tenants have some sort of extreme medical condition that means they must have water running over their bodies!
They must not have experienced the joys of camping, or waiting for a hot water system to be replaced.
Are tenants' rights more important than owners' rights?
Basically, the Owners Corp has a duty to maintain and repair common property. The tenant has certain rights under their tenancy and the landlord has rights and obligations too. All very complicated and fuzzy round the edges.
I don't think it's reasonable to tell a tenant that they have to put up with whatever inconvenience is required by the OC to achieve their ends. They have paid rent for an apartment with a working bathroom and that's what they are entitled to – or some sort of compensation if that is suddenly not available to them.
On the other hand, they should be prepared to compromise.
If they aren't I think the OC has to treat this an emergency – who knows what damage is being done to common property and other lots – and tell the tenant that they will pay for short-term accommodation for 72 hours while they fix the seal. If the tenant isn't prepared to do that, the OC will go to the CTTT and get an emergency order that allows them to go in, fix the showers then seal off the bathroom until such time as the sealant has set. The tenant can then do what they can to get compensation through Fair Trading.
You're right that the tenant can't be allowed to hold the rest of the building to ransom, but neither should they be deprived of services for which they have paid so that something can be fixed that is of no concern of theirs.
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.
Henrietta,
Do you know if the dodgy renos were approved by the OC before they were done and if there was an exclusive use by-law passed and registered? This could be the key to who is responsible for fixing that particular issue. If the OC approved the works correctly then the OC should be protected and if the by-law is in place and places obligations on the lot owner to maintain, then if the owner refuses to fix, the OC may be able to enforce the obligations of the by-law through an application for an order through Fair Trading..In relation to the matter of providing for the tenants to have access to a bathroom, what ever happened to a sense of community, our neighbours were renovating their bathroom, so we welcomed their family to use our bathroom for about a week. Fixing a bathroom does not make a whole unit unusable… What would you do if you lived in a house and needed to do these works?
Mr S
Hi, I have a similar situation with an apartment I just bought. There is a leak going through to the apartment below and the EC have gotten a quote to dig out a section of my bathroom to be able to get to the leak and seal it.
I don't have a problem with that but they are asking me to pay half the amount of the cost of the job ($5000 out of $10000). I am wanting to find out what my rights are in this matter. If the problem is on common property, isn't the entire cost carried by the EC? Should I speak to a strata lawyer in the first instance or is there someone more appropriate? Thanks for any suggestions. Geoff B
Geoff B
It should be a case of all or nothing, not 50%. It's where they are digging out a section of your bathroom that counts. If it's in the floor, or external wall then it's common property and the repair should be at full expense of owners corporation.
Don't see that you need a lawyer (though there's nothing to stop you proceeding that way or the threat of it) , just don't agree to pay and if they bill you take it the CTTT.
We are in a 40+ year old building with concrete cancer discovered in several of our rooms. We were hoping to do a quick renovation between tenants but obviously have to have this dealt with properly. We were not going to redo the bathroom but we are now concerned there may be a problem under the tiles too. In the 60s there was no membrane waterproofing and our builder says the tiles are drummy and a small peak shows no waterproofing under the tiles.
We are willing to pull up the tiles to check the floor and redo with proper waterproofing at our cost.
However, the strata manager informs me that we would need a new by-law for us made, accepting responsibilty for any future leaks. The by law would require a meeting with a solicitor and an EC meeting and about $1200. This seems ludicrous as we would only be improving the building. Is this a poor interpretation of the rules by the manager? Is there a sensible way around this? Can the building not just have one bylaw covering all units?
500Z – Your Strata manager is half right.
If the bathroom floor tiles are those originally laid when the building was constructed, and they’re leaking, then that’s a Common Property repair and the responsibility of the Owners Corporation (O/C).
If however you want to remove the tiles as part of an overall renovation, then before you do anything, you need to provide your O/C with written advice of your proposal, including all materials to be used, tradespeople and their work times, and seek the O/C’s written consent to those works.
In these latter circumstances it is customary for an O/C’s consent to incorporate a provision that makes the responsibility for the ongoing maintenance and repair of the renovated area/s within your bathroom a matter for the Owner from time to time of your Lot (Unit).
There is no requirement for a Special By-Law unless your O/C wishes to formalise a blanket approval with standard conditions to enable all Lot Owners to renovate the bathrooms within their Lots, and if that’s their desire then the O/C should pay to draft and register that document; of course, as a member of that O/C you would pay your share via your normal Levies.
Hope that helps!
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