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