I am experiencing leaks coming into the bathroom through the skylight. I was informed by the body corporate manager that this wouldn’t be covered by the body corporate. Can you please advise whether this is the case and whether I am liable to cover the repairs? – Serena, VIC

Q: I own a townhouse which is one of four. We are all joined & share the one roof. I am experiencing leaks coming into the bathroom through the skylight. I was informed by the body corporate manager who is also an owner that this wouldn’t be covered by the body corporate under section 49 of the owners corporation act, on the basis that “the lot owner who benefits from the repair should pay for it”.

Can you please advise whether this is the case and whether I am liable to cover the repairs? The repairs may extend to replacing the skylight and repairing flashings around the skylight. thank you

 

A: You may wish to refer to your plan of subdivision. This document should outline what is common property, and what is owner responsibility in terms of roofs, walls and other common areas.

It may be the case that you are required to pay for any repairs that are for your exclusive benefit, but it may also be worth investigating whether the roof may require further repairs that will affect everyone, as it is a shared part of the property.