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After arriving home from work, found water leaking through at the apt entrance ceiling of our split level apt. Water has flowed down to soak foyer carpet, then down another level to pool on timber floorboards and has damaged kitchen/lounge floorboards such that some have now buckled/warped.
Contacted strata at the time of incident and later received email (40 mins) notice of water leak from two floors up (note apt directly us above was not affected) and that it had been isolated but there might be residual water dripping through on next few hours.
Strata contact arrived the next day and subsequently provided fans to dry carpet but have indicated any damage to the apt from the water leak is to be claimed on contents insurance (which we don’t have).
No further explanation has been provided on the details of the water leak. (Note, it could be a unit that is understood to be currently carrying out builder works but this not confirmed). Given that the water leak has originated two floor up – could it be argued that OC is liable from costs? e.g it’s come through CP – noting the apt above is unaffected
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This is more complicated than it seems. Your main issue is with the owner of the apartment that was the source of the leak, their issue is with their builder. I would be keeping the strata committee onside in this as this is not a common property failure but you can get them to help you confirm that the other apartment was at fault.
Get an estimate for the repairs ASAP and send it to the owners in the apartment above. Then they can claim it against their builder and the builder can claim it against their insurance.
However, just to complicate matters, your “fixtures and fittings” may well be covered by strata insurance so I would contact the strata insurer directly to see if this is the case. You might get push-back from the strata committee on this as a claim could affect future premiums.
If that is the case, it would be in the OC’s interests to pursue the apartment owner and builder. Did I say it was complicated?
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.
Yes, it’s complicated. The damage to your Unit was to your floating wood flooring, which is the owner’s property, not common property. If the cause of the water was from common property, such as a broken pipe supplying several Units, then you should have a claim against them. If the cause of the water was from a specific owner’s property, then you should have a claim against them.
Talk to your strata manager. But his is why owners get contents insurance. Without that, you will need to fund the repairs yourself. And making a claim against the other owner might involve legal proceedings, which will cost you, too.
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