Question: The townhouses in our strata appear not to have waterproofing in the upstairs bathrooms. Who is responsible to fix this?
Our home is one of many townhouses in our strata development. It’s become apparent there is no waterproofing to the upstairs ensuites & bathrooms of many homes, with water eventually leaking through to the downstairs ceiling. The estate was built in 2000, and I believe the builder is no longer in business.
Would the cost to remove floor/wall tiles and shower base to waterproof both ensuite & bathroom (to prevent ongoing leaking through to downstairs ceiling) fall towards the Owners Corporation, as it appears to be a structural defect that will only continue in time and possibly get worse? We are all concerned about mould developing from this defect.
Answer: Looking at the plan of subdivision is the first step to take to determine whether the Owners Corporation is responsible for these works
To determine if the Owners Corporation is responsible to remove floor/wall tiles and shower base to waterproof both ensuite & bathroom (to prevent ongoing leaking through to downstairs ceiling), the plan of subdivision of your development would have to be examined. The plan of subdivision defines what part of the building is common property (Owners Corporation responsibility) or private property (Owner responsibility). That is the first step to take to determine whether the Owners Corporation is responsible for these works.
Rochelle Castro
RC & Co Lawyers
