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Topic
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Hi Jimmy,
As EC member,recently i had debate with strata manager regarding whether OC should pay for one of lot owners' leaking internal wall due to defective waterproofing on the internal wall of the shower. Strata Manager applied SP 35042 V Seiwa case in concluding that OC should pay for the fix as waterproof membrane is part of common property, however, i disagreed on his opinion and argued that only waterproof membrane on common property falls into OC responsibility, if its on lot property in this case is on interal wall of the toilet, therefore, owner should do the fix. Can you please help clarify whether waterproof membrane is common property regardless of its location?
Many thanks
Vivienne
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Replies
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Hi Vivienne
This is a tricky one but I would be guided by the recent Memorandum of 'who is responsible for what' issued by the LPI (formerly Lands department). Bear in mind, this isn't the law unless you have adopted it as a by-law, but it is a good indication of what the current thinking is on this.
2.17 Plumbing (includes bathroom, kitchen and laundry) – OC responsibility
i. Water leaking through tiles or from one lot and affecting another lot or common property.2.18 Plumbing (includes bathroom, kitchen and laundry) – Owners responsibility
j. Water leaking from a bath or shower and not affecting another lot.
k. Water leaking from shower, sink, laundry tub, bath or hand basin taps.
l. Water leaking through tiles and not affecting another lot.
m. Damage to a lot caused by any water leak mentioned above, as a result of the problem itself.Note, it doesn't say where the tiles are, just where the effect of leaking tiles shows up.
Now, your by-laws may be different and this is not law, per se, but this memorandum is based on existing laws, expert opinion and case studies so it does carry some weight in the absence of any other clear definitions of who's responsible.
You can download the full Memorandum HERE
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.
If the wall concerned is truly 'internal', I tend to agree with you Vivienne.
And by 'internal' it would have to mean that no other lot owner or common property was affected. So both sides of the leaking wall were still the same lot.
Was another lot or common property directly affected by the leak?
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