- This topic has 12 replies, 3 voices, and was last updated 1 year, 7 months ago by .
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Hi there,
I have a had a few headaches with the exterior wall of the property and looking for advice on some potential structural issues. I am a first time home owner and have little knowlege being a landlord as I’ve always rented.
I’m keen to know what type of experts I should engage to inspect, assess extent of structural issues, determine root causes and suggest remediation options if any are required.
I purchased a ground floor apartment (2A) of a ‘boutique’ sized strata complex in August 2021. The apartments were built in 2014 and lower than three storeys in height.
There is crack to the exterior wall of my open air courtyard extending from the apartment above which runs down to my apartment. The crack has caused water entering the exterior envelope of the wall into my bedroom.. I have enclosed a photo of it.
I called OC to report the water seepage and sent photos of the affected area in my bedroom and explained that on two occasions there have been pools of water appear after heavy rainfall despite the window being completely closed.
The property manager said the wall in question isn’t a common wall, it’s a wall that is exterior faced therefore they are not responsible for fixing this and would be at my own expense. They said that they could request a plumber on my behalf to come out but that I would be held liable for the call out fee/invoice. I have asked them if they could provide the plan of the subdivision referencing that this wall is not common property but I’m struggling to understand how to read the plan.
Things to note:
The builders came out to patch this crack up with the previous landlord in early 2014 when they first moved in.
I purchased this property in August 2021. This development is no longer under builders warranty insurance as this has expired.
There is mould forming around the skirting boards including damp patches on my bedroom fall. I believe this is due to the crack to the exterior wall but also believe that the window flashings were installed incorrectly, allowing water to find its way between the outer and inner skin of the wall as ingress always takes place on colder nights and when raining.
I pay body corporate fees which includes Body Corporate insurance but apparently the cover does not cover the maintenance of the wall, as the insurance only covers one off events such as fire, flood & earthquakes.
My concern is, who is responsible for this being fixed. Is this a OC issue or is the wall in question my responsibility. I look forward to learning of your thoughts.- This topic was modified 1 year, 11 months ago by .
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If the wall isn’t common property (which I find difficult to believe) then it is the other lot owner’s property and you should talk to them about fixing it.
I’m far from being an expert on Victorian strata law, but as a general principle, if a problem in property owned by another person or entity is causing damage in your property then they should fix it at their expense.
It’s not up to you to hire experts, apart maybe from an experienced strata lawyer.
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.
It’s the “Exterior Face” that is your issue.
If that is declared on the Plan of Subdivision, then the wall is totally your responsibility to maintain. Right through from its interior surface to its exterior surface.
Parts of it that are load bearing to the building would be common property. But in many types of construction, the exterior walls themselves are not structurally load bearing to the building.
While “Exterior Face” is not exactly common in VIC apartments, it’s not rare either. So lot owners can indeed own external walls or parts of them.
Even if the wall was the more common “Interior Face”, you’d still be responsible for any waterproofing membranes under its exterior surface. That’s legislated in VIC.
That’s another interesting difference between NSW and Victoria law. I don’t think that distinction is made in NSW. The OP’s problem is exacerbated by the fact that the crack starts in her upstairs neighbour’s wall, meaning it can’t be fixed without their approval and, one would assume, financial assistance.
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.
The OP needs to know if the crack is actually the culprit.
There should be a waterproofing system within the wall. Some types of external wall can become completely waterlogged (eg masonry is porous) and rely on other methods to achieve waterproofing.
Even if the upstairs neighbour has to repair their section of the wall, they’ll have to do that. Lot owners must maintain their lot.
Absolutely. And even if the crack is the cause and water is running down into it, the crack cuuld be running UP from the OP’s floor. Which brings us back to the question of who pays and how much is each owner liable for? This one could run and run.
Seriously, though. The two owners need to get together and share the cost of exploration and remediation with maybe a mediation to sort out who is responsible for what. CAV should offer that service but it sounds from other posts like they are overwhelmed with work.
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.
- This reply was modified 1 year, 11 months ago by .
Regardless of what anyone else says on this thread, I think it’s best that you seek specialised strata legal advice. That’s for two reasons – one to get definitive answers on what your rights and responsibilities and secondly so that your strata scheme takes you seriously.
But generally speaking, if there are documents and correspondence related to the strata scheme, as an owner you have a right to see them.
If anyone has any suggestions for a good strata lawyer in Victoria, please post them here.
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.
Regardless of what anyone else says on this thread, I think it’s best that you seek specialised strata legal advice.
I agree.
I’ve dealt with dozens of these water ingress issues in VIC. And, I regret to say, owners have usually get the actual eventual issue totally wrong.
So it not only needs professional investigation but it also may need profession opinion about maintenance responsibilities.
Unfortunately, I regret to say, IME professional investigation has often got the issue totally wrong as well. They can very very tricky issues to solve. The professionals can need to be top notch experts and not just a regular plumber/builder.
Still, in VIC cracks in walls marked “Exterior Face” and general waterproofing around the airspaces of their lots (inside or outside) is a legislated lot owner responsibility in most cases. In VIC, an outside balcony, terrace or courtyard is usually treated like an inside bathroom as far as surface treatments including tiles and waterproofing is concerned.
If enough lots are being affected, the OC can decide to do investigations/repairs. Deciding to repair lot property needs a Special Resolution in VIC which is not always easy to obtain. But if most lots need the works it would be more likely.
The Owners Corporation (body corproate) can’t do anything without the OK from VCAT (unless it’s a dire emergency requiring immediate action).
The best thing you can do now is call an experienced strata lawyer and you might also inform the upstairs neighbour that that’s what you intend to do and you will be seeking all costs as well as remediation.
The issue with the store room seems complex. Call a strata lawyer.
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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