Flat Chat Forum Common Property Current Page

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  • #57309

    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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  • #57385

    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.

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Flat Chat Forum Common Property Current Page