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We have applied to the OC for approval to complete a complete bathroom renovation which will include the renewal of the waterproof membrane. I understand and accept that this will involve a by-law to be drafted and submitted to an EGM for voting and that there will be a cost involved in doing this. However, one of the clauses that has been included in the draft makes the owner “responsible for the proper maintenance and keeping in a state of good repair of the waterproofing for a further period of five years after the warranty expires”. The warranty is for seven years and the work will be undertaken by a suitably qualified tradesman and in accordance with the appropriate Australian standard.
I feel that the inclusion of this is unfair and that the responsibility for maintenance and repairs should revert back to the OC when the warranty period expires. The building is 17 years old and there has already been an instance of waterproofing failing in another unit. Surely a waterproofing renewal should be seen as a benefit by the OC rather than something for which they are seeking to defer maintenance responsibility. Also, the inclusion of this by-law as worded could be a liability if we decide to sell the unit during that five year period after the warranty expires.
Has anyone else encountered a situation like this when undertaking bathr0om renovations?
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There is a standard clause in the Act that requires the owners corporation to incorporate responsibility for on going maintenance into by-laws allowing changes to bemade to common property.
Most if not all OCs will pass responsibility to the renovating owner. This clause is only there to make sure some party has legally binding responsibility in the future, regardless of who owns the property.
I can’t see any reason why they would allow that to expire at a future time when the warranty has run out and any sub-standard work is more likely to become evident.
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.
I am contemplating doing a bathroom renovation and up against the same hurdle I am unsure whether there is already a bylaw created and I’m looking into this but after the warranty period for the construction expires I don’t feel it’s fair that the ongoing maintenance of this renovation falls back onto me as the owner until forever. Has anyone been in this situation?
Simple answer – if you don’t touch the bathroom, then the failure of waterproofing is down to the OC. If you do renovate the bathroom, it’s up to you to make sure the job has been done properly. Why should neighbours be responsible for maintaining another owner’s possibly bodgy work?
By the way, you have asked this question in two different threads, which is a no-no, here. I have deleted one of them.
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.
You are doing the work so you should take responsibility for that work.
The OC has no control over it – look at it this way – you could renovate the bathroom including waterproofing, the job is really bad. At a point in time in a few years it is necessary to rip out the bathroom and fix the waterproofing – if the OC were responsible for it, then in theory they would also be responsible for replacing the entire bathroom. I don’t think so.
It is not clear to me why a time limit has been specified for the responsibility being on the owner. If it were me, the responsibility would rest with the owner in perpetuity.
I’ve never seen a by-law where the OC eventually takes back responsibility for work completed by an owner. These are your tradespeople doing work that you want done to your property and you are the person managing and supervising that work. In every bylaw I’ve ever seen, responsibility passes to you as soon as the work begins.
I’ve never seen a by-law where the OC eventually takes back responsibility for work completed by an owner.
No but the responsibility for the work defaults back to the OC if there’s no by-law ascribing it to the renovator. The law requires that someone or some body is responsible, which is an incentive to get the renovator to sign on the dotted line.
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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