All Topics / Help Needed! / Who pays? Strata roof leak causes paint damage

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  • Profile photo of g0biing0biin
    Member
    @g0biin
    Join Date: 2010
    Post Count: 57
    September 14, 2012 - 4:59 am

    Hi All

    So here it is. I am the landlord of a 2 bedroom unit in a block of 5. Roof tiles were moved causing water damage which leaked into the top of the roof and caused water marks to the ceiling of my unit. My property manager was there with the traidie and she asked him to paint the roof to cover the water marks. The strata has now send me the bill for his painting.

    Who pays for this ? The leak that caused the watermarks was outside the unit, which strata is in charge of, yet the leak left water marks on the inside of the unit which required painting.

    Thanks

    G

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    September 14, 2012 - 6:26 am

    Hi there

    I'm not a lawyer or PM but I would have thought that it would be covered under strata.

    Did you ask strata if the costs would be covered before the work was done? If not, maybe that's the issue.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of seqelseqel
    Member
    @seqel
    Join Date: 2012
    Post Count: 11
    September 14, 2012 - 7:12 am

    Hi

    You will need to find out first whether your unit is on a building format plan or survey plan – that's important for determining where the common property boundary is.

    Water leaks and water proofing are big issues in body corporates in qld. From your description I would argue that the body corporate i.e. strata are liable for the leaking roof and also for all damages which flow from that. Assuming that the missing roof tiles/leaking roof tiles led to your damp ceiling then the body corporate should be paying for that out of their sinking fund.

    Roof leaks, if not treated, can cause significant issues especially with tenants and the loss of rent. If you have not already – start setting out your issues in writing to the body corporate. Take photos and keep records of your attempts to chase them.

    Here is a recent District Court decision you might find handy when dealing with the body corporate: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QDC/2010/70.html?stem=0&synonyms=0&query=magog  

    best of luck!

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