Flat Chat Strata Forum Common Property Current Page

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  • #8024

    Hi,

    Hoping someone can clarify this for me. I am the owner of a top floor strata managed unit. On the floor of the ensuite shower there is a crack in the grout between the tiles that has penetrated the waterproofing. Water subsequently runs under the tiles and waterproofing onto the bedroom carpet, near the bathroom door.  Water is also penetrating in the other direction under the tiles/waterproofing and rising up the wall behind the tiles located behind the toilet (the toilet is on an external wall), which is adjacent to the shower. The tiles are original. Phone converstation to Fair Trading today suggest that the original tile and space below the tile ie waterproofing, are common property.

    Strata Management is disputing this, stating that they are not responsible for the grout, only the tiles. They are also saying that as the water is yet to penetrate the unit below, the repair is not their responsibility. Can you please confirm for me if strata is responsible for this repair? Is there a distiction between grout and tile?

    Three plumbers that have looked at the job feel that this should be a strata repair.  Thanks for your time

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  • #15142
    Whale
    Flatchatter

      The Office of Fair Trading (OFT) and your plumber are correct, and your Strata Manager is “splitting straws”.

      All original tiles on the floor and on the external wall to which your refer are Common Property, and your Owners Corporation has an absolute responsibility to undertake all maintenance and repairs, and NOT to wait until the consequences of its inaction affects other Units. 

      The solution is to again advise your Strata Manager, this time in writing, that the areas requiring maintenance / repairs are Common Property, that the consequential affects of the fault is spreading, and that as concession on your part you will pay for the cost of the re-grouting of those areas post the repairs (those $ will be minimal). Add that if you do not receive an agreement to that within say 7 days, an Application for Mediation will be lodged with the OFT.

      Hopefully you won’t need it, but that Application can be downloaded here https://www.fairtrading.nsw.gov…..edform.pdf

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    Flat Chat Strata Forum Common Property Current Page