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Thank you to all on this forum to start with.
The issue I have is an old 50’s bathroom, scheme subjected to schedule 1 by laws blah blah…. Bathroom has no waterproofing as that was what was in the day…. Damage is occurring to sub floor and internal walls (shown on the strata plan)… Bathroom is upper level (top floor)…
Bathroom floods with sewerage from time to time as pipes are rusted to the extreme, agreed we replace under flooring pipe work….and stack..
Levy has been raised for water proofing $5K, additional we agreed at mediation for under flooring work, and now we have further issues, back wall with the pipe connecting to the wall for the inlet f the loo has as a constant leak due to old rusted water pipe work which can’t be fixed… etc….
Bathroom needs replacing, been told to replace at my cost blah blah and everything, strata scheme registered prior to 1974…. It’s not my responsibility, I am so tired of fighting the fight! Help please…….. What’s what!
Last note raised a motion motion at an EGM to obtain 2 x quotes for building inspectors to tell us the scopes of the works – knocked down…….
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@OverIt said:
Bathroom needs replacing, been told to replace at my cost blah blah and everything, strata scheme registered prior to 1974…. It’s not my responsibility, I am so tired of fighting the fight! Help please…….. What’s what!Yes the bathroom is your problem and you are responsible for replacing it with the exception of any pipework in the common walls or floor.
Get a quote for replacing the bathroom with an addendum for the cost of replacing the common property pipework as it will be cheaper doing it in one go rather than getting it fixed one bit at a time.
@kiwipaul said:
Yes the bathroom is your problem and you are responsible for replacing it with the exception of any pipework in the common walls or floor.It’s really not as simple as that. First of all, you have to see what the strata plan says. Older strata schemes often had all bathroom fittings included as common property. Secondly, the owners corporation is responsible for repairing or replacing anything that is damaged during the repair of common property.
Check the original strata plan and work from there. Either way, the Owners Corp could be better off buying or contributing to a new bathroom than trying to repair the old one to a reasonable standard.
Get your own quotes and present the Executive Committee with a reasonable proposal on the one hand or, on the other, the threat of a Section 62 order from NCAT to repair and replace common property entirely at their expense.
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.
@JimmyT said:
Check the original strata plan and work from there. Either way, the Owners Corp could be better off buying or contributing to a new bathroom than trying to repair the old one to a reasonable standard.
How were fixtures and fitting denoted on the older style plans as common property because I must admit I’d be very unhappy if I had to contribute for a new fitted bathroom for an owner who asked for the strata to replace it. No way would I accept the owners quote I’d get the cheapest quote possible and give the owner a take it or leave it option.
@kiwipaul said:
How were fixtures and fitting denoted on the older style plans as common property because I must admit I’d be very unhappy if I had to contribute for a new fitted bathroom for an owner who asked for the strata to replace it. No way would I accept the owners quote I’d get the cheapest quote possible and give the owner a take it or leave it option.The Strata Management Statement that accompanied the strata plan would often describe the bathroom and all its fittings as common property. This was, I believe, a precaution against owners failing to maintain their sinks, pipes, baths and WCs which could then cause considerable damage to other lots and common property if they failed.
I have lived in older buildings where a number of owners replaced cracked WCs and sinks at the Owners Corp’s expense.
The idea of buying the cheapest possible bathroom isn’t terribly community spirited. If the OC has a legal obligation to repair or replace common property, surely a negotiated settlement whereby the OC can offer a contribution based on the minimum reasonable cost of replacement and the lot owner can then install the bathroom they want (with the proviso that they assume responsibility thereafter) would be the kind of compromise that makes strata run smoothly.
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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