Flat Chat Forum Common Property Current Page

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  • #54910

    Hi there!

    Hoping for some help with a problem we have in our block of units. Our building was built in the 1930s/40s and as such, none of the bathrooms were ever built with waterproofing membranes. Then in the 80’s, apparently all the bathrooms were renovated at the same time (think retro pink/peach tiles, fittings etc) and again, there was no waterproofing membrane installed. This has now become an issue. It’s a 3 storey block, and all the bathrooms are stacked on top of each other for obvious reasons (waste pipes etc). One of the bottom units now has pretty terrible concrete spalling in their bathroom ceiling.

    We’ve had a few engineers and plumbers come out to inspect it, and each of them has said it’s an issue with water leaking from the bathroom above. The bathroom above has had their bathroom inspected and it’s been confirmed that some of the tiles are damaged (yes, we’re aware that tiles are the responsibility of the OC, however they’ve been damaged by the owner) and the grouting/sealing is damaged. This means that the owner has been living with damaged tiles and hasn’t repaired any of the issues to be found in a 30-40 year old bathroom.

    My question is, given there was never any waterproofing to begin with, and the damage to the unit below is being caused by water leaking from the bathroom in the unit above, is it the responsibility of those two owners to sort out the issue? Or is the OC somehow responsible for this given the tiles/grouting were damaged by the owner? My uneducated opinion is that everyone in the building bought their units “as-is” and inherited any issues that come with buying an art-deco unit built in the 1930’s.

    Any guidance would be appreciated.


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  • #54913

    Is there a renovation by law? That may define who is responsible. Failing that the changes to common property are the responsibility of the OC.

    Its  tricky situation when stuff like renovations is not documented.

    And your problem is to prove that the tile damage was done by the present owner. They will probably just claim normal wear and tear. Without proving intentional damage ( you’d have to take that to  court where the  out of the action may exceed the  out of repairs even if you win)  its still the OC responsibility.


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Flat Chat Forum Common Property Current Page