Question: We have moisture coming through our ceiling from the unit above. While they decide who is responsible, the problem gets worse. What can I do?
Our building was built in the 196os. I have moisture ingress in my shower ceiling coming from the unit above. The problem was inspected, and retiling is needed. The owner believes it is common property and wants the strata company to pay.
While they argue over who is responsible, the water damage worsens. What can I do?
Answer: Responsibility depends on whether the source of the water ingress is lot property or common property. An independent report is the key first step to resolving this.
Under the Strata Titles Act 1985 (the Act), responsibility for repairs in situations like this depends on whether the source of the water ingress is classified as lot property or common property, which is determined by the strata plan and any registered by-laws.
In your case, while it has been identified that the upstairs unit requires retiling, that alone does not automatically determine responsibility. The key issue is identifying the exact cause of the water ingress, for example, a failed waterproofing membrane, plumbing issue, or structural or common property defect.
To properly resolve this, the strata company should arrange an independent building or leak detection report. This report should:
- Identify the precise cause of the moisture ingress
- Determine whether the failure relates to lot property or common property
- Clarify responsibility in line with the strata plan and by-laws
Without this, it is difficult for the strata company to decide under the Act.
In the meantime, you should:
- Document all damage (photos, dates, progression of the issue)
- Notify the strata manager in writing and request urgent action due to ongoing damage
- Ask the strata manager to initiate the insurance process, as most strata policies require prompt notification of water damage
Importantly, the strata company has a duty under the Act to maintain and repair common property, and to act reasonably. Allowing damage to worsen while responsibility is disputed may expose the strata company to further liability.
Given the ongoing damage, you may wish to formally request that the strata company take interim action, even on a without-prejudice basis, to stop the leak while they resolve the responsibility issue.
This post appears in Strata News #790.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
