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I am a lot owner and am also on the strata committee. Our old block of 12 units has four top units with lathe and plaster ceilings below the roof. All other ceilings are concrete. From everything we’ve read (including the “Who’s Responsible”guide) it appears that the OC is responsible for repairing the plaster ceilings on the top floor. It also appears that owners should do their own painting. An independent consultant engaged by the owners took photos which show the ceilings in question to be covered in cracked and peeling paint and little or no maintenance having been done for years (the unit has been tenanted since purchase).
The committee accepts that it is the responsibility of the OC to repair the ceiling (in this case it is replastering) but we are putting the case that the owner should do or pay for the painting. We are being told that because we are repairing the ceiling we also should pay for the painting as the repair is damaging the existing paintwork. The committee says the existing paintwork is already damaged and it seems illogical to say it can be damaged further. Every other owner has to do or pay for the painting of their own ceiling unless it is an issue that has been caused by something for which the OC is responsible, e.g. water ingress from roof or other.
A few years ago in a similar situation the OC paid for repairs and the owner paid for painting. Now there seems to be a turnabout. We just want to be fair to everyone about this. In the circumstances outlined here can the OC also be held responsible for the painting of this ceiling?
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I have that “Who’s responsible” booklet too. I agree that it puts the responsibility for painting on the owner.
Do you have before and after photos to show that the paintwork was damaged beforehand? If the plaster work caused damage to the ceiling paint, the OC has to remedy it. The OC is only obliged to fix whatever became damaged during their work on the ceiling. Perhaps you could repaint the bits of ceiling that was damaged but not the whole ceiling?
In my strata plan, we have an insurance policy that covers both repair and re-painting. We had a water damaged ceiling. Owner was angry when I said that OC should not pay for the painting. We put in an insurance claim for it. The whole job was covered by the insurance company.
If you’ve adopted the common property memorandum, it makes it quite clear paint is the responsibility of the owner. (The common property memorandum is available on the fair trading website)
If you’ve adopted the common property memorandum, it makes it quite clear paint is the responsibility of the owner. (The common property memorandum is available on the fair trading website)
The Memorandum no longer addresses the issue of damage to paintwork caused by repairs to common property. I have always understood that damage caused while effecting repairs were the responsibility of the owners corporation, and that includes paintwork.
It makes no sense to me that an individual owner should have to pay to repaint their ceiling when the damage was caused by other parties in circumstances beyond their control.
If the prior condition of the ceiling is an issue, then the payment should be proportionate. Just my personal view but I would take it to the strata insurer, and maybe Fair Trading, to see what they said.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi, There was a recent court case (NSW can’t remember, but last few months) where the ceiling paint of a lot was the Owners Corporations responsibility, because the paint was damaged by a roof leak. The OC had repaired the ceiling but not the paint. But the Judgement was, that as the damage was caused by a failure in repair and maintenace of common property (the roof) then the OC was responsibile for damage to paint. So if the paint is damaged because the ceiling is damaged (Repair and Maintenance) then the OC should paint it. The OC is doing the ceiling then the OC must paint.
Think of it this way, if the OC waterproofed a shower they would be responsible for removing and re-fitting the showerscreen. So if the OC can do the ceiling without touching the paint, then it would be the owners.
I would think that is the owners responsibility.*The OC is responsible for any structural damage to the ceiling and if there was some structural deficiency that needed rectification, the OC would be responsible for restoring it to its prior condition by painting after repair.
If it’s just a matter of cracked paint, then that’s the owners problem.
[*Edited to avoid confusion. JT]
- This reply was modified 2 years, 11 months ago by .
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