If rainwater enters the apartment upstairs and the then seeps down and damages our ceiling, who is responsible for the repairs? – Danielle, NSW

Q: If rainwater enters the apartment upstairs and the then seeps down and damages our ceiling, who is responsible for the repairs?
1. Us
2. The owners of the apartment upstairs
3. The strata

A: If the cause of the leak has been repaired, and the leak is a result of wear and tear/defect, then the lining is likely common property (strata repair) and claimable under insurance.

Be mindful, however, that the painting portion of the works is likely the lot owner’s responsibility. Therefore if it is just water staining or subsequent painting required after lining repairs, the lot owner will need to make good. It’s wise to check the building or contents insurance policy if the painting is covered for possible claim).

Should the leak be ongoing and unreasonable delays to repair are considered negligence, the cost of repairs may be reclaimable from the entity responsible for the leak.

Be sure to check the bylaws to see if there are any special definitions regarding painting that may contradict and overrule the advice above.