Question: The waterproofing membrane in my shower needs replacing. The owners corporation refuses to admit responsibility and will not carry out any repair work to rectify the ongoing damage. How do we proceed?
Answer: You should remind the strata committee and the owners corporation of their duties failing which you may seek mediation and Orders from NCAT.
On the basis that your bathroom is original (ie has not been altered or renovated since the inception of the scheme by you or any previous owners) the owners corporation is responsible to repair and maintain the original common property fabric of the building ie the waterproofing membrane and floor tiles (and some of the wall tiles where applicable) subject to any notations on the strata plan and any relevant by-laws which apply to the scheme.
The statutory responsibility of the owners corporation to repair and maintain the common property is strict pursuant to Section 106 of the Act. Section 122 relates to the owners corporation’s powers for access.
You should remind the strata committee and the owners corporation of their duties failing which you may seek mediation and Orders from NCAT, and, in some cases, compensation for loss and damage for the owners corporation’s breach of its statutory duty may be awarded noting that such compensation must be sought within 2 years of you becoming aware of the loss:
Section 106 Duty of owners corporation to maintain and repair property
- 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.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440