Who pays for water leak investigation

Never fails – the very day I post something asking people not to use their email addreses as their “nicknames” someone goes and does it.  That’s how you end up with a daft name like Footrot.

To answer the question, how about contacting the owner and politely asking them to stop over-watering their plants?

Failing that, complain to the Body Corporate about the water coming into your lot.  If the planters are common property, it’s directly a body corporate matter. If they are lot property, the the BC can intervene becasue it’s happening on their property.

As for who pays, it should be the BC initiall, partly becasue only they have the right to enter lot property to investigate.

But if the problem is caused by the lot owner and they have refused to address or fix it, then they will be ultimately liable.

nemisis wrote:

@Footrot – please don’t hijack threads like this.

Hijack seems a bit harsh, but I take your point. Regarding your questions:

1. Who pays for the investigation charge of the plumber?

Not entirely sure about Queensland law but in most places, since the Body Corp is the only body that can insist on entry to explore defects and damage, they would pay initially, then bill the lot owner who had cause the problem or wear the cost themselves if it was a common property defect.

2. Who pays for any damage to the bathroom ceiling below the unit causing the leak?

Again that would be slated back to whoever caused the problem.  If it was a fault for which the Body Corporate bore responsibility – eg, a building defect – it would pay.  If it was something caused by the lot owner, such as a bodgy bathroom renovation, they would pay.

You might find that your home and contents insurer would pay for the damaged ceiling but then pursue the lot owner for the costs.  You might still have to pursue the lot owner for any excess on your insurance policy.