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  • #7960

    A friend lives in a 1930s heritage listed apartment block in Sydney where the owner of the flat above has installed a kitchen in his living room.  Their have been numerous leaks through the floor causing extensive damage to my friend's ceiling.

    This has been repaired under his insurance but the leak keeps re-occurring and he is not getting any response from the Owners Corporation or the owner of the flat above.

    I think the owner should have obtained a DA to change the use of the living room to a kitchen.

    The OC should have required the owner to install a waterproof membrane beneath the new kitchen area and be responsible for any damage to common areas or other units.

    However, should he be chasing the OC or the the owner of the flat for the damage?

    Who is responsible for ensuring the leak doesn't re-occur

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