My understanding is that wall and floor tiles and its maintenance is the responsibility of the owner. And waterproofing underneath the tiles is the responsibility of the body corporation unless the owner replaces the original tiles and water membrane. But then I’ve been told that the responsibility to maintain the tiles includes the responsibility to maintain the waterproofing under them (including floor water membrane and shower tray under the tiles) and that the tiles and the waterproofing are always an issue for the lot owner. Is that correct? -Andrei, NSW

Q: I have a question related to our apartment block by-law of exclusive rights of usage of floor and wall tiles:

“The proprietor of a lot is gained exclusive rights of usage of the floor and wall tiles forming the boundary of the lot in the bathroom, laundry, kitchen or any other area of the lot excluding the balcony area, in consideration for which the lot owner shall be solely responsible for the maintenance, renewal, replacement or repair of the tiles. This approval is subject to the owners corporation being provided with a copy of the waterproofing certificate for any wet areas and the contractors building license and insurance.”

My understanding is that according to this by-law wall and floor tiles and its maintenance is the responsibility of the owner. And waterproofing underneath the tiles is the responsibility of the body corporation unless the owner replaces the original tiles and water membrane.

But then I’ve been told that this by-law says that the responsibility to maintain the tiles includes the responsibility to maintain the waterproofing under them (including floor water membrane and shower tray under the tiles) and that the tiles and the waterproofing are always an issue for the lot owner. Is that correct?

 

A: If your strata committee informed you that the responsibility of maintaining waterproofing falls on you as the lot owner, then that will most likely be correct.

It may be worth contacting your strata manager for clarification around this by-law, which is quite ambiguous and prone to misunderstandings.

This is why it’s important that by-laws are written clearly and concisely, in order to avoid ambiguity and misunderstandings as a result.

If you’d like to have your by-laws reviewed and updated for clarity, try Kemps Petersons Legal by-law drafting services.