There was a TV sitcom in the 70s, starring the comic genius Leonard Rossiter and Richard Beckinsale (actress Kate’s dad), called Rising Damp – and that’s the only time you can use those words and smile.
Otherwise, rising damp is a pain in the backside for everyone concerned, except, perhaps the builders brought in to fix it.
QUESTION: Rising damp has started to show itself in a unit we purchased recently. The previous owners had obviously concealed it with a paint job just prior to the sale.
Are we correct in assuming this is an issue for the owners corporation? We understand that we will be responsible for the repainting the internal walls but can we ask the owners corp to address the issue of remedial and preventative maintenance? – Rigsby, Cremorne
ANSWER: You are absolutely right. Part 2, section 62 of the Strata Act says: “An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.”
The walls and foundations of your building are common property but it may be that your predecessor wasn’t just covering up your problem but an issue that affects the whole building (meaning that you will be paying your share of fixing everyone’s problems rather than all the other owners contributing to fixing just yours).
Don’t be surprised to find that this issue is known but has been kept off the Executive Committee minutes so that unsuspecting buyers like you wouldn’t be put off.
Meanwhile, it’s time to make yourself the least popular person in your building by demanding that the problem be addressed and fixed regardless of how much it costs and who’s paying.
By the way, you are not liable for repainting the walls after the repairs. If the wall’s the OC’s problem then the damage caused fixing it is too.