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I am hoping that strata will cover a leaking shower recess in my unit. Plumber inspected yesterday and will send his report to Strata.
I am hoping this will form part of their responsibilities and rectify – my question is as an approx 40 year old unit that has internal painted brick walls, if the accept liability, will their insurance cover the damage to adjacent room eg flooring and robes and drying out repainting of walls that have been damaged from this issue.
Also do they rectify to current building standards eg, full water proofing of shower walls and shower recess floor and retiling, or just waterproofing recess and minimal tiling and I end up with a rainbow tiled shower as I am sure they wont match tiles.
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A tricky situation
Is it the original bathroom.? If it is then it’s likely the responsibility of the OC. However I doubt that after 40 years it is the original bathroom.
Is there a bylaw in place for renovation of YOUR bathroom.? If there is see if it says who is responsible for the waterproofing
It sounds like the leakage is through your internal wall. Any leakages through internal walls are generally the responsibility of the lot owner.
Don’t try and blame the OC. Waterproofing often fails due to age and not neglect of maintenance by the OC. You’ll get more sympathy from them by appealing to their sense of compassion.And be careful of the conclusions of the plumbers reports. They are plumbers and their report should just detail what failed, how it failed and the location of the failure.
Only someone familiar with strata law and your bylaws can make a call as to who pays for the repairs.
As a lot owner you can make a claim directly to the OC insurer. They may or may not pay out your claim, but it’s worth a try.
If it’s the original bathroom then the waterproofing is the responsibility of the OC. No if’s buts or maybes.
You can get details of the insurance policy just by asking the strata manager or the secretary. It’s a document of the OC and hence you are entitled to it.
You can lodge the claim yourself , even if the strata manager tells you otherwise.
Strata insurance policies often include cover for owners fixtures and fittings, so your stuff may be claimable. Don’t expect to get replacement cost back as most policies take into account the depreciated value of fixtures and fittings.
Since the leakage is covered by insurance, the cost should not be an issue to the OC. The only cost to them is the excess.
In my opinion a way to ensure the repair is not done on the cheap is to let the insurance company find the tradesman and get it repaired by them. Since it is common property you have less say as to how it’s repaired.Hello Kaindub
Frankly the comments to date in the shower leak thread , do not answer my question.
My understanding is that water proofing attached to a common property wall or floor is OC responsibility. But water proofing attached to a wall or floor that is not part ofcommonn property is the responsibility of the lot owner. The question which is had to get a definitive answer on is when is a wall or floor lot owner property and not common property. For example in a two storey town house with no lots above or below, is the upper floor within the town house owners responsibility or Body Corporate.
PS. Have you read any strata insurance policy documents? I think you will find that water damage by a burst pipe may be covered, depending on if its in a common property wall or lot owners wall. But a leaking shower recess is highly likely not to be covered by insurance.Hello Kaindub
Frankly the comments to date in the shower leak thread , do not answer my question.
That’s because your question is over here in this thread that you started: https://www.flatchat.com.au/topic/leaking-shower-recess-in-a-townhouse/#post-57953
You have responded to an old thread (from March) about leaks in apartment blocks. Stick to the thread you started and you won’t get confused. If you’re not getting any responses, give us a “nudge” by replying to the last post in the thread.
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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