Is the owners corporation liable despite owner neglect and prior knowledge?

By admin,

I own a lot in a 25 yr old villa complex.

One of the previous owners allowed the original bathroom to deteriorate with water leaking behind the tiles on the floor and internal wall due to grout degradation. The new owner is saying that the waterproofing is compromised with some areas of dampness in the subfloor although no deterioration of same.

It has been difficult to get consistent advice from the plumber and builders. Some say the waterproofing is intact and others say that it is not.

Is the owners corporation liable for damage to decking during works?

By admin,

In my apartment I have an outside balcony deck that has waterproofing underneath. The waterproofing is leaking into the downstairs lot and is about to be repaired.

The owners corporation is paying for the waterproofing, but do they also pay to pull up the decking? It’s not my fault that it needs to be removed. If the decking is damaged during the repairs and can’t be reused, is the owners corporation required to replace the decking?

Should the owners corporation claim insurance or recover costs from contractors and owners

By admin,

Our Strata Manager and Committee approved a person unknown to the Owners Corporation to carry out a $90,000 Major Capital Works Job to replace 12 large Planter Boxes and a 300 sq meter courtyard. The contractor didn't construct the stormwater runoff correctly and in a recent storm a unit was flooded.

Can the owners corporation delay or refuse to fund repairs?

By admin,

Our Owners Corporation is claiming against the builder for defects that the builder refuses to repair, including the following:

  • drummy balcony tiles
  • water damage that has come from apartment above
  • other defects

Can the OC refuse to fund these repairs? My apartment is 2.5 years old and in a multi level complex. What are my next steps?

Can owners fix common property and withhold levies for reimbursement?

By admin,

It took 6 months for our strata committee to agree on a quote to repair and replace a rotting timber balustrade on my common property balcony. I have had an unsafe balustrade for 7 months now with no rectification in sight.

Can I obtain my own quotes and repair the defect myself? Once repairs have been completed, can I send the bill to the committee for reimbursement or withhold strata levies to the value of the repair?

Who is responsible for failed waterproofing and rectification work?

By admin,

An owner retiled over the existing balcony tiles without approval from the owners corporation. No bylaw for the work exists. The existing waterproofing below the original tiles has failed.

How should we proceed? Is the owner responsible for removing the top layer of tiles and retiling and the owners corporation responsible for the original tiles and waterproofing?

Are builders liable for timber floor damage and repair costs?

By admin,

My 2 year old apartment flooded. I called the plumbing firm who had installed the plumbing in our block of apartments during construction.

Water could be heard from behind the fridge cavity and after three large holes in the gyprock, finally located two pipes that had not been crimped during installation.

After fixing the pipes, they submitted a full report admitting responsibility for the issue. They are coming back to patch the walls and clean up. My timber flooring was damaged during the event. Are they also responsible for replacing my ruined timber floor?

What owners can do when replacement fittings are not completed on time?

By admin,

The common property isolation valve in the bathroom wouldn't function. The Strata Manager was advised and he sent their plumber to fix it. The plumber replaced the chrome tap with a brass tap (changing look of bathroom) and advised at time it would be replaced with a chrome tap in approx 2 weeks.

The plumber and Strata Manager continue to inform me that the plumber will be in contact to fix and replace the tap but nothing has happened and now it has been over 1 month.

Are there time limits on repairs? What can I do?

Is the owners corporation liable for accommodation and loss of rent

By admin,

Bathroom repairs had to be undertaken in a tenanted one bathroom apartment due to water membrane failure. This was deemed common property.

The tenant had to move out for the duration of bathroom works. The Owners Corporation has refused requests to cover the tenant's relocation costs.

As the bathroom repair has been deemed common property, shouldn't the OC cover any reasonable costs such as alternative accommodation for the tenant?