Tricky leak excuses don’t wash

Sometimes in strata you have to fight dirty just to get things done, like in a building where two apartments’ bathrooms leak water into the rest of the block.

The Owners Corporation want to fix it but the tenants say they can’t be without their shower for the 72 hours it takes the waterproofing to set, explains Henrietta, via the Flat Chat Forum.

Water goes into the apartment below, potentially undermining the structural integrity of the building and creating damp problems for adjoining apartments.

In the other flat, the leaks are due to a dodgy renovation in the bathroom which needs more extensive work. Again the tenants are reluctant to have the work done due to the inconvenience.

“The OC seems to be caving in to the obdurate tenants at the expense of other residents,” wails Henriertta. “What action can and should they be taking and who should pay?”

OK, the tenants have paid rent for apartments with working bathrooms but there’s no telling what damage is being done to common property and the other lots. meanwhile the OC have a legal obligation to get this fixed.

Perhaps they could offer to pay the tenants’ to move out for 72 hours while they fix the seal or, if need be, tell the owners to move them out permanently.

Failing that, they should  go to the CTTT and get an order that allows them to fix the shower then seal off the bathroom until such time as the sealant has set.  The tenants can then do what they want to get compensation through Fair Trading.

As for who pays, Mr Strata, a Forum regular, says that if the renovations were properly approved – with a by-law requiring the renovator or subsequent owners to fix any problems – then the owners can be forced to pay.

And on the question of the tenants needing uninterrupted use of a shower, “whatever happened to a sense of community?” he asks. “Our neighbours were renovating their bathroom, so we welcomed their family to use ours for about a week.”

Much more on this HERE.