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I’m in a 4 block N.S.W Strata. Is it the case that if waterproofing treatment is required to a bathroom wall which is also a Common Property wall on the other side (in this case a hallway) and the bathroom is in it’s original constructed state, then it’s the O.C’s responsibility for the cost of repair ? And would that cost include removing tiles and bath, applying water-proofing and refitting tiles and bath – the entire job ?
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From what you describe the wall and tiles affixed to it would be all considered as common property, hence are indeed the responsibility of the owners corporation. The bath though has me guessing a bit, this item and plumbing above floor level are the responsibility of the owner. Is there a shower above the bath or is it separate? I’d just wonder why it is necessary to remove the bath, except if there were some plumbing leak below it in which case it may be your responsibility for that part.
How old is the block and was a waterproofing required when it was built in the walls of a bathroom.
I would have thought that retiling (or re-grouting) the wall above a bath would be more than adequate to provide a water resistant seal.
My townhouse is 13 years old and the bathroom is tiled in the wet areas but I don’t believe their is a waterproof membrane behind the tiles.
Peter – DaveB is correct, in that the Owners Corporation (O/C) is responsible for the removal of tiles on the common wall, waterproofing that area to current standards (to a height of 1.8m I think), re-tiling to as close as possible match the existing tiles, and only if the bath is against that wall, if it’s drainage is not leaking, and it must be removed in order for the above works to be done, then the O/C is also responsible for that removal and replacement.
If the drainage between the bath and the floor is leaking, then the Lot Owner and not the O/C is responsible for the removal and replacement of the bath if that’s required to make the repairs.
It’s worth noting that in NSW, all waterproofing in “wet areas” must be undertaken by a person who holds a specific Waterproofers’ Licence, and they must provide the Lot Owner and the O/C with a Statement of Compliance with AS3740 upon completion of the work.
@peterepete said:
Thanks for your replies.In answer – The bathroom tiles and bath are 73 years old.
Wow! Well the way I see it is that if you want to replace all the bathroom tiles then that’s fine, bearing in mind that the Owners Corporation is responsible for a portion of the work involving common property. It seems reasonable for them to bear the cost of removing and refitting the bath if that affects warranty on the work, but the replacement bath itself should be at your expense. If you want a fancier grade of tiles than those originally fitted any additional cost for that portion of the work should also be at your expense. If the OC are happy to go ahead with your tradespeople that is a matter for negotiation between yourself and them, but they may ask for more than one quote and have to agree with you on what proportion each pays. They should ensure the tradespeople are properly licensed and bear insurance cover. If you can’t reach agreement with the OC then of course you can go through the mediation and adjudication process of NCAT.
Pete – I hope you wrote down the name of the Fair Trading employee that you spoke with, because you’ve stumbled upon the one who actually understands Strata
.Regarding the responsibility for payment, as it’s the current Owner’s bathroom and they and subsequent Owners of the Lot will be responsible for the on-going maintenance and repair of that entire bathroom post its renovation, I’d suggest that the current Owner obtains the quotes, has each itemised to identify as closely as is practicable the two (2) cost components of the work involved (i.e. the O/C and the Owner), and then submits those to the Owners Corporation (O/C) with a indication of their preferred quote / contractor.
In that way, unless its vehemently against the Owner’s preferred quote /contractor, the O/C can simply make a payment for its cost component of the work directly to the Owner, who will then be responsible for commissioning the work and paying the entirety of what will then be their contractor’s invoice.
As for the required Statement of Compliance under AS3740, if the bath needs to be removed in any of the circumstances such as I earlier described (and it appears that’s the case) and the Owner wants to pay for and install a new one, if any contractor then refuses to warrant the entire job, the Owner should find one who will.
One final word form me. I don’t know if you’re representing the O/C or if you’re the Owner of the bathroom, but in either case don’t get too hung-up on itemising the respective cost components down to every tap washer and bath plug, but rather stick to the pareto items lest you frighten-off the contractors.
Strictly speaking if you have a functioning bathroom with no leaks (even if it’s 70 years old) their is no requirement for the Strata to update to the latest building standards this is only required for new builds or refurbishments.
Sounds to me like you want to refurbish the bathroom and get the Strata to pay most of the cost. I believe a compromise is called for like Whale says. Strata redo the waterproofing and you pay for the installation of new bath and tiles.
I believe Strata would be within their rights to refuse to do anything and insist you pay for the refurbishment in total as well as a bylaw making you responsible for the future repair and maintenance of said waterproofing.
How have other within the complex handled this and are their any Special Bylaws registered for previous upgrades by others.
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