Question: The waterproof membrane beneath tiles on an exclusive use rooftop deck has failed. Is the Body Corporate responsible for this even when that failure may be due to the neglect of the lot owner?
Our building has a concrete roof and exclusive use of a rooftop deck. There is a waterproof membrane underneath the floor tiles on these decks.
One apartment has water ingress issues because the membrane has failed, but the said unit has cracked tiles that the owner has never bothered to repair.
Contractors now say that the tiles need to be removed and the membrane replaced, then the area be re-tiled.
Is the BC responsible for all this work due to the neglect of the owner over several years?
Answer: As a starting point, the maintenance obligation in relation to the membrane is the body corporate’s and extends to replacing tiles.
This is a common type of dispute. As a starting point, the maintenance obligation in relation to the membrane is the body corporate’s and extends to replacing tiles. However, that position is displaced in circumstances where there is persuasive evidence that exists to show that the membrane’s deterioration was as a result of the tiles being in poor condition. Sometimes a good solution is to jointly engage an expert to apportion a percentage of responsibility of the tiles contributing to the membrane damage. The parties can agree in advance to bear that proportion of costs towards the repairs.
This post appears in Strata News #468.