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Topic
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We had some damage to our property – tiles cracking in laundry and paint bubbling on bottom of wall.
We are located on the ground floor it has now been established that water was entering up through the slab and the Body corporate is taking steps to remedy the water entry.
Two questions; Firstly as part of the investigation of the water entry the body corporate removed some of the tiles in the laundry, notwithstanding that some where cracked and we may have replaced them at some time they were still fully serviceable there was no reason for us to replace them in the near to medium term.
Is the Corporate Responsible for the cost of replacing the tiles in or part?
Secondly is the Body Corporate responsible for repainting the walls were the paint has bubbled?
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Replies
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Hi Cobra
I think we can safely say that the Owners Corporation (Body Corporate) has to pay for both the replacement of the tiles and for the paintwork. Even if the water leaks weren't their fault, they are their responsibility.
Your EC and/or strata manager may tell you the the paint on your walls is your responsibility – which is true … but not if someone else damages it. This is one of the most common misconceptions in the business so don't be surprised if they tell you you have to fix the paintwork yourself. But the fact remains, they are responsible for the problem so they are responsible for the damaged paintwork and they have to pay for the remedy.
On the question of the tiles, your issue will arise when it comes to replacing like for like – a little flexibility in this area will probably lead to a quicker satisfactory outcome for all concerned.
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.
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