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Hi All,
I have a question relating to a problem in the building I live in. I currently serve on the EC and am not sure what the best course of action is. The simple version is as follows.
We have a wall on the outside of the building that was leaking water, approximately 6-8 floors up. The original developer has come and repaired the wall and it has continued to leak on and off for several years after the repair. The developer has now refused to help any further with this. Our building has since been repainted and re sealed with a waterproof membrane and the leaking has stopped. The problem is simply that when Crown originally repaired this external wall facing the balcony of one particular owner, it is obvious there has been some repair work done, and the owner of this particular lot is threatening legal action and calling the newspapers if we do not pay to repair this wall that only they can see. The primary concern is it is affecting the value of the unit. As an agent myself, I went to have a look and it is indeed a visible difference, but nothing that would warrant someone getting this upset over. Will it affect his value at sale time? I believe it would.
Our question is simply this…
“Are we actually liable to fix a wall which is nothing more than a cosmetic repair that was originally repaired poorly by the developer?” and “Would repairing this wall open us up to other potential owners who don’t like how something looks and demand it is fixed?”
Any advice and help would be hugely appreciated.
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@Unitman said:
Our question is simply this… “Are we actually liable to fix a wall which is nothing more than a cosmetic repair that was originally repaired poorly by the developer?” and “Would repairing this wall open us up to other potential owners who don’t like how something looks and demand it is fixed?” Any advice and help would be hugely appreciated.
The Owners Corp is responsible for repairs to common property and to any private property that was damaged when common property was repaired. So yes, the OC must make good the damage and, if you think it’s worth it, you can pursue the developer to recompense you. But this doesn’t open you up to any other claims based on aesthetics – unless they were caused when common property was being fixed.
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.
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