Who pays for damage from sewage backflow?

Here's all you need to know.  The Owners Corp is liable – end of story.

Your EC/building manager needs a serious wake-up call.  This is their problem and they have to fix it pronto.  How dare they say you have to pay for this yourself?  When a similar thing happened in the Horizon building a few years age they rehoused all affected owners in a luxury hotel and did an industrial clean of their apartments.

Now, your building manager can either do this the easy way or the hard way. They can get on to this pronto – no arguments, no delays and no compromises –  or you can take them to the Supreme Court (forget the CTTT) and demand damages for the repair and replacement and the cost of a proper clean-up, plus damages for the stress they have subjected you to (which is rising the more they delay), and all court costs.

In fact, I would get a lawyer to draft a letter saying exactly that (and include their legal fees in the demand).

This is a disgusting (in so many ways) abrogation of the owners corporation's responsibilities and they should be grateful you aren't a more demanding owner.

When they're done cleaning up your apartment, they should take a course in strata law and OC responsibilities.  Let us know how you go.

I hope it all works out well.

But I can see the OC's point of view.  Their building insurance would not always cover carpet or paintwork that is inside a lot – that is the lot owner's property and responsibility to insure.   And if the damage was due to an 'Act of God' you might not have any case to claim against the OC – because they might not be liable.  So OCs and OC's insurers often seem to initially say “we do not cover internal lot carpets or paintwork etc”.

But if the OC were liable for the damage to your lot (e.g. due to neglect of common property maintenance), then the OC's building insurance should hopefully pay for the your damage under the OC's liability cover.

Austman said:

So OCs and OC's insurers often seem to initially say “we do not cover internal lot carpets or paintwork etc”.

For some it's ignorance, for others it's a deliberate cop-out.  But if a failure in common property causes damage in anothe property it is the OC's responsibility.

It doesn't make any difference if a) wear and tear on paintwork and carpets are the lot owner's responsibility; b) the OC is inadequately insured. The OC can't throw the cost back on the lot owners and say “sorry, we weren't insured so we're not paying.”

It's a double fault for not maintaining common property properly and for not being adequately insured.

    I’d also get an agenda item onto the next general meeting with a view to making a by-law that all quotations for work affecting common property include a separate section for the cost of disposing of waste and some kind of threat that if unsuitable material is washed down the drains they will be pursued to cover all costs etc etc.  Then arrange for the bldg. mgr. to ask workers what the arrangement is; if they have no notion ask them to leave and get someone else.  It would be more involved than this outline but avoiding unexpected sewage backflows is very high up on the priority list.

   One of my neighbours had a similar problem caused by roots from an unidentified tree; I never go away for long without wondering whether they have now reached my (equally old and probably breached) pipes.  Does anyone think I have any grounds to “demand” that a pre-emptive cleaning/check occur.  I say demand because any form of reasonable request or offer to part pay is unlikely to get a favourable response.

I think Owners Corporation insurance  IS a form of public liability insurance.  The problem here is that the people running the Owners Corp had no idea of their responsibilities and came up with all sorts of excuses for not doing what they should have done on Day One: fixed the problem then claimed on their insurance.

Considering the size of the building (28 storeys) it's alarming that the people running it are just making up the rules as they go along when a phone call to their strata manager could and should have sorted this out immediately.

Hi All, I am a bit of course but have a slightly related topic on blocked plumbing. I just heard some interesting information, not sure how true it is. I have heard that some pest inspectors have some device that searches for white ants via an infra red detector that can also detect blockages in pipes. Someone I know has an annual pest inspection that includes searching for blockages in pipes! How cool is that!? I have to do some research for Sydney as the report comes from up north but how much trouble would it save as to have an annual inspection for pests and plumbing? Has anyone else heard of this service?

Cheers,

CBF

Disclaimer: I'm a plumber so clearly biased towards a plumber doing your plumbing inspection 🙂 rather than a pest inspector.

Mostly because, whilst on site, your plumber could do so much more than check for blockages: they could identify any upcoming issues to help the building plan for future expenses and even prevent an issue turning into an emergency repair by completing some routine maintenance. 

This is particularly important in older buildings where water, waste and gas services are ageing. Just off the top of my head, annual plumbing inspections are an excellent idea because the following could be checked: 

• a gully (rather than opening the caps – see post # 11) is designed to allow a backed up sewer to discharge into the garden (rather in people's apartments). If this is filled with dirt (they are usually in the garden somewhere) and a blcoakge occurs, sewer will back up inside the building. They should be cleaned and checked annually. 
• Drain camera inspection of pipes (most relevant for older buildings with original sewer system), check the entire length of the pipes and key structures to see if they are emptying correctly, in good condition etc
• Visual check of condition of cast iron waste pipes (= “stacks”). Cast iron breaks down and becomes brittle over time. 
• main water shut off valve tested: being able to shut water down in the case of any emergency is essential. The valve should be checked once per year. If its not in good working order, Sydney Water can be called out to service it free of charge.
• Stormwater pits: checked and cleaned annually (although you can usually get your gardener to do this).  If debris has built up inside, they will overflow in heavy rains.