Question: None of the bathroom renovations in our building prior to 2017 have a by-law nor were they approved. Is the Owner liable for damage to other properties or common property as a result of a waterproof membrane failing?
None of the bathroom renovations (including replacing waterproof membrane) prior to 2017 have a by-law nor were they approved at an AGM or EGM.
A lot owner bought a property with a bathroom renovated before the new 2017 major renovation bylaw. Is the Owner liable for damage to neighbouring lots or common property as a result of the waterproof membrane failing?
Answer: The Owners Corporation should pass a special resolution divesting itself of responsibility for that bathroom provided that that decision would not impact on the safety of any part of the building.
In the absence of a by-law, it will be difficult to pursue the current owner for past renovations which were not properly authorised as the waterproofing is likely common property albeit the previous owner may have damaged it or did not properly waterproof in the course of his renovations.
The Owners Corporation should pass a special resolution divesting itself of responsibility for that bathroom (if the 2017 by-law does not already do so) provided that that decision would not impact on the safety of any part of the building.
This post appears in the April 2022 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440