If waterproof (tiles) inside another townhouse’s bathroom fails and leaks down their ceiling, is this the owners or owners corporation issue? – Anh, NSW

Q: Hi, enquiry, regarding a waterproof (tiles) failure inside another townhouse bathroom failed and leaked down their ceiling. Is this the owners or owners corporation issue? As I know shared common areas are owners corporation. I dont believe owners corporation should be liable for waterproofing after a warranty or building period. Now i am facing a special levy fixing another properties bathroom and renovating his bathroom to new fixtures and so on due to a water leak. Could you provide by laws and fair trading any information as I am concerned if this is the norm everyone will be renovating their bathroom after 10 / 20 or even 50 years later. Townhouse is over 20 years old.

A: If waterproofing repairs on common property are required it will be the owners corporation’s responsibility. The legislation can be found in the Strata Scheme Management Act 2015 under section 106: Duty of owners corporation to maintain and repair property.

(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.

This usually applies regardless of warranty/building periods.