WA: Strata leak from above: How to gain access when a lot owner refuses entry

This article discusses strata access dispute leak repairs and what to do when a lot owner refuses entry to fix a leak.

Question: We have a leak from the unit above but the plumber is unable to obtain access from the above lot owner. How do we gain access?

The laundry tub waste pipe from the unit above mine is leaking into my bathroom ceiling, causing issues with mould and peeling paint. I have two plumbing reports from two different licensed plumbers stating that they need access to the unit above but the above lot owner will not allow this. Strata have sent the owner an email but there has been no response to date.

Answer: If the situation arises where owners are unable to resolve a matter after all methods available to them, then the Act has a provision where the matter can be lodged with the State Administration Tribunal (SAT) to assist in resolving the matter.

Owners and the Strata Company have a responsibility to ensure that the property is in good condition and that it is maintained. This is a requirement under the Strata Titles Act 1985 (WA) (the Act) which states that an owner of a lot must maintain and repair the lot and keep it in a state of good condition. Additionally, the strata company must keep in good and serviceable repair, property maintain common property.

If the situation arises where owners are unable to resolve a matter after all methods available to them, then the Act has a provision where the matter can be lodged with the State Administration Tribunal (SAT) to assist in resolving the matter.

The owners should also be aware that should they proceed with lodging an insurance claim, under the terms and conditions of the insurance policy they have a requirement to mitigate their loss to ensure the damage is reduced.

This post appears in Strata News #538.

Chantell Kennebury
Sedgwick
P: 08 9210 9103
E: chantell.kennebury@au.sedgwick.com