Question: In our 20 year old building, the original water membrane in many unit’s bathrooms are failing. Our Strata Manager insists it is the responsibility of the owners corporation. Is this correct?
We are a small strata unit block with 19 units. Each unit has two bathrooms. The unit block is 20 years old. We’ve received a number of complaints for water leaks caused by failure of the original bathroom membrane affecting only the individual lot’s Internal bedroom / lounge / wall.
We are of the view that it is the responsibility of the individual lot owner and not the owners corporation as the leak is affecting only the individual lot. However, our Strata Manager insists it is the responsibility of the owners corporation.
Can we get a definitive answer on who is responsible for the repairs?
Answer: This is a matter that the Owners Corporation is likely responsible for.
This is a matter that the Owners Corporation is likely responsible for.The waterproofing membrane source should be looked into. It may be the case the pipes are within the common property wall which is affecting this unit. This is why it would be a matter for the Owners Corporation to attend to.
According to section 106 of the Strata Schemes Management Act 2015 this relevantly provides:
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- An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
- An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
Once it is determined it is common property, there is an obligation on the Owners Corporation to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486