I own a three bedroomed unit in a block that has recently undergone some major remediation work… The body corporate is saying that it will not pay for my ceiling to be repainted once the repairs have all been affected. Can you advise on this and if they must make good? – S, NSW

Q: I own a three bedroomed unit in a block that has recently undergone some major remediation work. One of the defects that have been identified is concrete cancer in the ceiling of my lounge. This leaks water during heavy storms.

I had told the body corporate about the leak a while ago but it is only in the past 12 months that we have been able to afford repairs. The body corporate will repair concrete cancer and this means they will access my unit to cut away the damaged concrete.

My problem is that the body corporate is saying that it will not pay for my ceiling to be repainted once the repairs have all been affected. I think this is unreasonable as the only damage to my ceiling is due to the leak and I would have expected them to “make good”, including repainting the ceiling.

Can you advise on this and if they must make good (ie repaint my ceiling) provide me with the legislative references so that I may give these to the body corporate. I have insurance but the excess would mean I am virtually paying for it out of my own pocket.

A: Although ceiling structures are common property, paint is generally considered “cosmetic work” and is an owner’s responsibility when it comes to repairs/maintenance.

It may be worth checking with your body corporate committee if the repair person who is fixing your ceiling can also cover painting as part of the repair works.