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  • #57904
    peter_mcc
    Flatchatter

    I’m the chairman of a light industrial strata plan. We’ve had the situation where one unit had a plumbing leak in their plumbing (not common property) which affected the unit next door and the ones below. As always with strata, there is lots of politics about exactly what happened that aren’t relevant to here.

    The water damaged owner is asking the EC for help to recover their costs from the owner who caused the leak. What is the EC’s place in a dispute like this? It wasn’t caused by common property and hasn’t affected common property.

    Is there anything the EC legally should do to help resolve the situation? Is it just up to the affected owner to sue the owner who caused the problem?

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  • #57991
    Strata Answers
    Flatchatter
    (from NSW)

    Hi Peter,

    This is a problem often faced by strata managers who are faced with the demand that they, or the owners corporation, help to recover damages from the lot responsible for the leak. I think you sense that this is not the OC’s responsibility and indeed it is not.

    If the OC were to be party to any claim it would be acting outside its authority / duty which is narrowly defined as repairing and maintaining Common Property. That said it would be reasonable for the OC to share with the lot owner any evidence it has as to the effects of the leak. If a leak in one lot has reached another lot, then presumably the water passed through common property raising the question of whether it did any common property damage  to the slab and whether this was properly dried out etc.

    In essence I agree that this is not a matter requiring the attention of the OC.

    John Hutchinson
    m: 0418 797470  e: john.hutchinson@strataanswers.com.au

    S T R A T A   A N S W E R S  PTY  LTD      practical solutions for strata living
    abn 11 600 590 083
    http://www.strataanswers.com.au

     

    #58294
    peter_mcc
    Flatchatter
    Chat-starter

    Thanks John. That’s what I thought. I feel really bad for the affected owner though.

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