I live in a strata complex which is four storeys high, I live at the ground level townhouse, which has two levels.  There are two storeys above me, consisting of a one-level unit and a unit which has split levels (two floors). My question is related to the bathroom that is located on the second floor of my townhouse. I had a problem with the shower recess waterproofing, and the water penetrated into the wall next to my bedroom. These bathroom walls are not attached to any common wall with the next unit, as it is located in the middle of the second floor. Who is responsible to fix the waterproofing system and tiles on the wall and floor. All these are originals, with no renovation. I am so confused as they say the internal wall is not common property. If the water penetration is from the unit above (not sure how, possibly due to poor construction),  who is responsible? – May, NSW

Q: I live in a strata complex which is four storeys high, I live at the ground level townhouse, which has two levels.  There are two storeys above me, consisting of a one-level unit and a unit which has split levels (two floors).

My question is related to the bathroom that is located on the second floor of my townhouse. I had a problem with the shower recess waterproofing, and the water penetrated into the wall next to my bedroom. These bathroom walls are not attached to any common wall with the next unit, as it is located in the middle of the second floor.

Who is responsible to fix the waterproofing system and tiles on the wall and floor. All these are originals, with no renovation. I am so confused as they say the internal wall is not common property.

If the water penetration is from the unit above (not sure how, possibly due to poor construction),  who is responsible?

 

A: It would be best to check your subdivision plan and by-laws as they will give you important insight into which parts of your property fall under your lot, therefore being your responsibility to repair and maintain, and which fall under common property for your strata committee to repair and maintain.

If there is water damage from the unit above, one of two situations may occur:

1) If the water damage is coming from the unit owner’s lot due to damage or negligence to repair water leaks resulting in water penetration and damage to your lot, it will be the lot owner’s responsibility to pay for repairs.

2) If the water damage is coming from within the walls from, for example, common property pipes that have burst, it will then be your strata committees’ responsibility to pay for repairs.

If you are looking for strata repairs, consider trying Assured Building Maintenance who have over 1,000 tried and vetted contractors ready to help with your needs.