Question: A lot owner discovered moisture in carpet and underlay when renovating their lot. The Body Corporate paid for the investigation and fixing leaks. Should the lot owners be reimbursed entire cost of the new carpet?
A lot owner has recently undertaken a renovation of their apartment. This included replacing and upgrading carpet in the bedrooms.
When the old carpet was pulled up the carpet layers found moisture in the underlay and sections of the nail frames along the wall. It wasn’t significant damage and moisture was not noticed before this work commenced.
The Body Corporate arranged for the cause of the moisture to be investigated. It was found to be caused by leaks in the facade and window frames. The cost of the investigation, and the leaks were fixed at body corporate cost.
The lot owner has now requested that the entire cost of the carpet be reimbursed. It should be noted that the new carpet is a better quality than the original.
Is this a reasonable request, or is the carpet replacement an owners responsibility?
Answer: The body corporate is only required to replace the damaged section of carpet with a similar style and quality.
The body corporate may be financially responsible for the replacement of carpet if it is damaged due to issues that a body corporate responsibility, such as leaks in the facade and window frames in a wall that is a boundary with common property in a building format plan scheme. However, the body corporate is only required to replace the damaged section of carpet with a similar style and quality. If the lot owner wishes to replace the carpet with something of better quality, they are responsible to pay the difference in costs.
In this instance, the body corporate’s responsibility will depend on whether the lot owner’s carpet was damaged due to the water leak.
If the carpet was replaced due to damage suffered as a result of the water leak, the body corporate will be financially responsible for a portion of the costs of the new carpet. The body corporate is not responsible for the entire costs of the new carpet if it is of a better quality than the original.
If the carpet was not damaged due to the water leak, the body corporate will not be financially responsible for the new carpet.
It will be difficult for the relevant owner/s to argue that the carpet was replaced due to the water leak, particularly if the body corporate did not have an opportunity to inspect the carpet to establish any damage before it was removed.
Hayley Gath
Mathews Hunt Legal
E: hayley.gath@mathewshuntlegal.com.au
P: 07 5555 8000
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