water hammer from another unit

This is a bit complicated so bear with me.  Some of the plumbing causing the water hammer may belong to the unit owner, some of it may be common property.

As a general principle, plumbing is an Owners Corp responsibility while it is inside a wall and it becomes the unit owner’s responsibility when it emerges (such as with a tap or shower head)

However, if the owner has done a radical redesign of their kitchen or bathroom, they may have caused the problem.  If they have changed common property piping without permission, it would explain why they are reluctant to let plumbers in.

Under section 65 of the Act, the Owners Corporation (Body Corp) is entitled to enter a unit to maintain and repair common property – or even to see if repairs are required.  However, except in an emergency,  they can’t just rock up and demand entry if the owner won’t allow them in.

They have to apply to the CTTT for an order under section 145 and if the owner still doesn’t allow them in, they can apply for a penalty for ignoring a CTTT order (up to $5500).

In an emergency – say a flood that is affecting other units – the Owners Corp’s workers can gain forced entry to fix the problem. They are liable for repairs to damages caused in gaining entry unless the owner deliberately prevented them from entering, in which case they wear the costs.

As for who pays (in a non-forced entry scenario) it depends whose plumbing is causing the problem – either the Owners Corp or the unit owner.  But it’s not the person suffering the noise of the water hammer.

You need your EC chair or your strata manager to explain that the Owners Corp’s plumbers will be coming in whether the unit owner wants them to or not.  So he or she can set a time that suits or the Owners Corp will go ahead and make their own arrangements.

Oh, and if the Owners Corp or strata manager tries the old “not our problem – this is a dispute between two neighbours” line, point them in the direction of section 62 of the Act which says: “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.”

I got a similar issue.

But it seems to be a Catch 22 in terms of spending the Owner Corp’s money i.e., the only way to determine who is responsible (the OC or the owner of the other unit) with certainty is for the OC to send a plumber anyway to take a look.

Isn’t there a smarter way?

Just thought I had better clarify my last post. I meant that we keep our washing machines with the water turned off when we are not using them.