Question: What steps can lot owners take to require the owners corporation to fix a deteriorating waterproof membrane that has created a slip hazard?
A waterproof membrane applied over tiles on the common property steps and walkway to our apartment entrance has deteriorated, cracked and lifted, and now poses a safety risk. We have reported three slip incidents to the owners corporation manager and raised the matter at committee meetings. Despite this, the committee has not agreed to remediation works.
An engineer carrying out other work at the building undertook a visual inspection at the chairperson’s request and deemed the area compliant. However, this assessment only appeared to address structural adequacy and Building Code requirements, not safety risks. A qualified builder and tiling company have since inspected the area and both identified it as a safety concern. The chairperson rejects that a slip hazard exists and has insisted that no expert report has been provided to demonstrate the hazard.
Given that the membrane continues to deteriorate and poses a slip hazard, what steps can lot owners take to compel the owners corporation to remediate the area and mitigate the risk of injury or potential insurance claims?
Answer: Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance.
Firstly, you should notify your insurer as the owners corporation has a duty of disclosure under its policy (for potential risk and claims).
The owners corporation should be investigating the potential slip hazard as it is strictly liable for defects in the common property. On this basis, you may apply for Mediation, and the matter might settle. Even if it doesn’t, or the owners corporation does not attend, you will be able to make an application for Orders from NCAT (noting that as the Applicant, you will bear the burden of proof and therefore need to provide expert evidence).
Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance with the owners corporation’s statutory duties to repair, maintain, and if necessary, replace the common property.
It is also highly recommended to engage an expert to assist with drafting the required scope of works and tender process. Your next steps should be calling a General meeting (if the strata committee refuse to deal with the matter) and pass the appropriate resolution to engage a suitably qualified expert to assist with inspecting the subject issue(s), carrying out any exploratory works where required and draft the necessary scope of works to be put out to tender for the consideration by the owners.
This post appears in theSeptember 2025 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440