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  • #37667
    bernie
    Flatchatter

      We have a situation whereby a owner is renovating his bathroom at his cost, but wants the OC to pay for the regrouting of the floor.  There is no evidence of water penetration below the tiles but the grouting is patchy because of age.  He says he has been advised by Fair Trading that all aspects of ensuring that bathroom and shower floors and walls including the ongoing maintenance of grouting and sealants is the responsibility of the Owners Corporation.

      If there was water penetration, I can accept that is the OC’s responsibility to seal off, but do not understand why maintenance of the grouting is an OC responsibility.

      The OC has recently told all owners that it is their responsibility to ensure the flexi hoses inside units are maintained, and that if they burst with water release adversely affecting common property, the OC will pass on the excess of an insurance claim to the unit owner. This was passed at an GM earlier this week.

      Logically, therefore, all aspects of maintenance inside a unit is the responsibility of the owner.

      Can you advise who is responsible for maintenance of grouting to prevent water leakage.

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    • #37683
      Jimmy-T
      Keymaster

        The principal question is, is there anything wrong with the grouting right now?  Or to put it another way, would the bathroom floor, waterproof seal, tiles and grouting be OK if the renovation owners did nothing?

        Obviously, there’s an aesthetic issue, but there’s also a question of potentially damaging the seal if the original grout is removed and new grout applied.

        If I were on your committee, my advice would be to say no and let the owner pursue you to the Tribunal if they feel strongly enough.

         

        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.
        #37770
        watcherman
        Flatchatter

          The lot owner shouldn’t be renovating a bathroom without a Bylaw in place ( because it’s a major renovation involving CP ) which  makes them responsible for the ongoing maintenance re grout, tiles & membranes.

          The Fair Trading verdict isn’t applicable in this situation because the fact that the bathroom is being renovated takes precedent. Otherwise it is relevant.

          The function of grout is not to prevent water leakage, this is the purpose of a waterproof membrane which is installed underneath the tiles

          #37775
          Jimmy-T
          Keymaster

            Watcherman is right.  As soon as owners start messing around with the waterproof membrane and tiles, they need a by-law which transfers ongoing responsibility for the waterproofing to them.

            I can’t see any way you would change the grout without affecting the tiles and potentially the membrane, so a by-law is required after which the responsibility for the work and ongoing maintenance lies with the lot owner.

            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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