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  • #74136
    UberOwner
    Flatchatter

      We are in a small, older block built in about 1990. Owner of top floor unit re-tiled his balcony without permission about 7 years ago. No by-law was ever put in place saying he is responsible for ongoing maintenance. Now there is leakage into the kitchen ceiling below. It’s very likely the leakage is coming from the re-paved balcony above. It’s also possible it could be a problem with the kitchen membrane from the same top-floor unit. That kitchen has never been renovated.

      The owner who re-tiled the balcony has sold up and we now have new owners. is the owners corporation responsible for re-waterproofing that balcony and kitchen? Does that also mean the owners corporation has to re-tile the top floor balcony and replace the kitchen floor? I have listened to Jimmy’s podcast with Paul Bannerman and it seems like the owners corp is probably up for these repairs.

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    • #74142
      Jimmy-T
      Keymaster

        I have listened to Jimmy’s podcast with Paul Bannerman and it seems like the owners corp is probably up for these repairs.

        It’s David Bannerman (thanks for listening anyway) and it’s my recollection that David was saying if the common property in a bathroom hadn’t been renovated then it was the owner corportion’s responsibility, but if it had it was the lot owners’ reponsibility.  The same may apply to balconies. If so, the new owner can  maybe take it up with the person who sold them the flat.

        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.
        #74155
        UberOwner
        Flatchatter
        Chat-starter

          Thanks Jimmy.  So an extension to my question in that case . . .

          My unit (ground floor) has never been renovated and at some point I’m going to want to renovate the bathrooms and kitchen.  At this point, there is no apparent deterioration of the membrane although David’s podcast indicated this would happen at some point.  If I renovate before leakage is apparent, is the OC responsible for replacing the membrane?  Pulling up the bathroom tiles will obviously destroy the membrane, but it’s me that will be initiating this so it seems like it should be me that replaces the membrane.  For simplicity, I would not be moving plumbing or any other infrastructure – just replacing old fixtures with new.

           

          #74166
          Jimmy-T
          Keymaster

            If I renovate before leakage is apparent, is the OC responsible for replacing the membrane?  Pulling up the bathroom tiles will obviously destroy the membrane, but it’s me that will be initiating this so it seems like it should be me that replaces the membrane.

            Correct.  Ad you should sign an undertaking that you and subsequent owners will maintain and repair affected common property.

            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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