NSW: Mould in my bathroom was caused by a leak in a common property wall — should strata pay for the repairs?

Question: I had an issue with mould in my bathroom. As the mould was due to a leak in the common property wall, should strata pay for the repairs?

I noticed some mould in my bathroom. We discovered that the bath was not installed correctly causing a separation of 5-10mm between the bath and the walls along the bath allowing water to enter the gap.

As the mould was due to a leak in the common property wall, should strata pay for the repairs?

Answer: If the bath was replaced/re-installed as part of a subsequent renovation, the owner carrying out those renovations would have assumed responsibility for the renovations pursuant to a by-law.

If the bath was an original installation at the time of the registration of the strata plan (subject to any notations on the strata plan and by-laws applicable to your scheme), the repairs are likely to be common property repairs. However, if the bath was replaced/re-installed as part of a subsequent renovation, the owner carrying out those renovations would have assumed responsibility for the renovations pursuant to a by-law.

Further, you have rights pursuant to Section 126 of the Strata Schemes Management Act, 2015 (NSW)

Orders relating to alterations and repairs to common property and other property

1. 1. Order requiring owners corporation to carry out work on common property The Tribunal may, on application by a lessor of a leasehold strata scheme or an owner of a lot in a strata scheme, order the owners corporation to consent to work proposed to be carried out by an owner of a lot if the Tribunal considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:
      1. 1. minor renovations or other alterations to common property directly affecting the owner’s lot,

       

      1. carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.

 

1. 1. Order consenting to owner’s work on owners corporation property The Tribunal may, on application by a lessor of a leasehold strata scheme or an owner of a lot in a strata scheme, make an order (a “work approval order”) approving of minor renovations or alterations or repairs already made by an owner to common property or any other property of the owners corporation directly affecting the owner’s lot if the Tribunal considers that the owners corporation unreasonably refused its consent to the minor renovations or alterations or repairs.

 

1. 1. A work approval order is taken to be the consent of the owners corporation to the renovations, alterations or repairs and may provide that it has effect from a day specified in the order that occurred before the order was made.

 

1. 1. In deciding whether to grant a work approval order or to provide for the order to have effect from a day that occurred before the date of the order, the Tribunal may take into account the conduct of the parties in the proceedings, for example, if an owner did not first seek the consent of the owners corporation before carrying out the renovations, alterations or repairs.

 

1. Responsibility for ongoing repair and maintenance of affected property The Tribunal may specify in an order under this section whether the owners corporation or the owner of the lot has the ongoing responsibility for the repair and maintenance of any additional property arising out of a minor renovation or alteration or repair to common property approved under the order.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440