My apartment unit and bathroom have had rising damp issues for some years now due to lack of a membrane. Do I pay for a replacement toilet/vanity/door/ceiling, etc. when this is not a cosmetic renovation but a major renovation? – Tracey, NSW

I have an ongoing issue with rising/falling damp in my unit (on lower ground floor of building over 100 years old). Many years ago I contributed to a ‘special levy’ raised to membrane building but lower ground floor was completely overlooked in this exercise and it still has no membrane. Since then, the rising damp has become worse and damp from overflowing hot water systems, dish washers etc in units above me – as well as water penetration from roof of building has all contributed to a very rotten non-ventilated bathroom which has no window. I’m finally getting quotes after many years of ‘band aid’ fixes, none of which have worked. I’m getting conflicting information from the committee (of which I’m a member) and our strata company as to what I, as the owner, am expected to foot the bill for.

Do I pay for a replacement toilet/vanity/door/ceiling, etc. when this is not a cosmetic renovation but a major renovation to membrane & redo my bathroom to (hopefully) eradicate the damp?

– Tracy, NSW

 

Each incident of damp would need to be looked at separately as there would be different causes. For example, the damp may have been caused by rising damp or overflowing dishwashers.

Generally, the lot owner would be liable for repairing and maintaining the vanity, toilet and door if it is an internal door, plus any paintwork or wallpaper on the ceiling. However, if may be worth asking your insurance company and the owners corporation’s insurance company for their comments as some damage may be claimable.

You should make sure to keep any evidence in the form of photographs, time and date logs of the incidents and any email communication you have had with your owners corporation and strata manager. This will help you get the matter looked at in detail while making any insurance claims.

Have a read of this article on what factors may influence the insurance of your building.