Question: An owner has cracks in the internal walls of the lot. Is it the owners corporation’s responsibility to investigate the cause of the cracks?
Our strata plan consists of free-standing townhouses.
One lot has cracks in the bathroom along the internal walls and bathtub. The cracks do not appear on the external walls of the townhouse. The lot owners have requested an investigation of the doomer roof underneath the bathroom to determine whether the cracks are structural. Would the investigation be the cost of the owners corporation?
Answer: It would be prudent to have the owners corporation’s experts investigate the cause/source of the defect to determine who bears what responsibilities and liabilities.
Though internal walls are generally within the cubic air space of a lot (and therefore lot responsibility) if a defect in the common property causes damage to lot property, the owners corporation is liable to rectify the common property defect and any consequential damage to lot property, e.g. internal walls, bathtub.
It would be prudent to have the owners corporation’s experts investigate the cause/source of the defect to determine who bears what responsibilities and liabilities, e.g. common property defect or potential cracks caused by unlawful works by the subject or another lot or neighbouring development, etc.
The owners corporation’s expert will be able to opine on whether it is necessary to access/open the dormer roof and/or if investigative or alternative access/inspection is advisable.
This post appears in the December 2023 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440