Question: A grey water waste pipe that runs through my kitchen was leaking. The owners corporation repaired the leak, however, my kitchen cabinets seem to have old water damage. Should the owners corporation pay for the replacement of my kitchen?
I recently discovered a leak in the grey water waste pipe that runs through my apartment’s kitchen. The plumber confirmed the grey water waste pipe leak was coming from the common property, and the owners corporation paid for the repair. The leak appears to have been present for years before I bought the apartment. Dirty water has slowly been absorbed into the kitchen’s kickboards and cabinetry, which are now soiled and contaminated.
This is a building defect from a common property area that has caused damage to my lot. Is the owners corporation responsible for removing and replacing my damaged kitchen cabinet? I’m also concerned about the potential for mould.
Answer: You need to establish that the kitchen cabinet would be a foreseeable loss.
The defect in issue will depend on whether the source of the leak is a common property issue. If it is determined that it is, the kitchen cabinet may also be covered if it can be linked.
In terms of rights, section 106 (5) of the Strata Schemes Management Act 2015 provides:
- An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
If you were to pursue it, you would need to establish that the kitchen cabinet would be a foreseeable loss.
Liability limited by a scheme approved under Professional Standards Legislation.
This post appears in the November 2023 edition of The NSW Strata Magazine.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486