NSW: A neglected water feature is now causing water to seep into the basement. Can the owners corporation remove it?

Question: A water feature has not been maintained and is now causing water to seep into the basement. A group of lot owners would like to remove the feature. How can we ensure it is repaired and maintained?

We have a water feature that has not been well maintained over the 20 years I have lived in the building. We now have water dripping into the basement. A group of Owners would like to close, rather than fix the issue. The water feature is an integral part of the atrium and is a selling point for the building.

If the area was either re-waterproofed or retiled as it was in 2002 and the pond motor was serviced regularly, the issues could be resolved. The cost has been worked out to be less than a cup of coffee per unit per year.

Under the Strata Act, can the Owners Corporation insist on closing the water feature? Do they have to propose a way to enhance the area created by removing this feature?

Answer: The Owners Corporation must maintain the structure.

The Owners Corporation must maintain the structure. This would include the water feature in the atrium see (section 106). However, the Owners Corporation, by Special Resolution, can ‘alter the common property’ (see section 108 (1)). ‘Special Resolution’ (see section 5) is included within the response above.

In essence the removal of the ‘water feature’ needs to go to an Annual General Meeting and secure not more than 25% against the motion by the votes cast.

In terms of fixing the water feature it would be beneficial to ensure that the underlying issues are identified in the first instance. A scope of Works for remedial repairs should then be obtained from appropriately qualified building consultant and/or other experts as required. The Owners Corporation will then be in a position to understand the true cost of remedial repairs by taking the Scope of Works to the market. Upon their return quotes, an informed decision can then be made regarding the best course of action.

Scott Driscoll
Sedgwick Building Consultancy division
E: scott.driscoll@au.sedgwick.com
P: 0409 632 003