Hi there, we own a unit in Brisbane, queensland and water leaked from the unit above through our bathroom ceiling. This created a hole and some water damage. The body corporate was notified at the time of the incident 6 months ago but no action has been taken. Is it the body corporate's responsibility to fully repair? I would like to understand my position before taking legal action etc. Many thanks
Hi Kevin
Welcome to the forum!
The Owner's Corporation holds structural, fire and general insurance over the building.
If this is poor workmanship then it is the individual owner's responsibility if the building is older than the original Builder's Warranty Insurance.
If this is because of damage which has occured and the types and causes of damage would be specified in the insurance contract, then it should be covered by the structural insurance held by the Owner's Corporation.
However, damage is the operative condition. Poor workmanship is not covered by insurance.
My Son's apartment block has had a 'number' of bathroom failures throughout the bulding and speaking with the Owner's Corporation manager, he said that the Insurance company has denied liability as the job was a bodgy job at time of construction, that the damage was not caused by any action of the occupants of the units or actions covered by the insurance policy eg storm damage, burst pipes etc and that as the limited Builders Warranty had now effluxed then each owner had to pay to have the work done.
So happy No: 1 Son has now paid six month's rent to have the shower stall and tiling removed, the rotted floor timbers replaced, the shower stall waterproofed and the bathroom retiled.
As with everything, the responsibility will be defined by the action. If the action (poor workmanship) is beyond the time allowed for claims, then the responsibility falls back to each property owner - in this case, the owner of the property above yours.
If the action was caused by an occupant of the property eg wrenching taps causing seals to break, then this 'may' be covered by that owner's individual insurance.
However, as you are the recipient of the nuisance, it would seem to be your problem but not your responsibility.
The Owner's Corporation Manager should, however, be involved to coordinate access for repairs
Hope this helps
Kristine