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Viewing 13 posts - 1 through 13 (of 13 total)
  • Profile photo of KenifKenif
    Participant
    @sicken
    Join Date: 2018
    Post Count: 5

    Hi all, I have an IP in a block of units in Melbourne that was built about ten years ago, the issue I have is that during consistent rain events water is getting into my unit and damaging the carpets etc. The water is coming from the rear court yard area (ground floor unit)and appears to be leaking through the wall, what I would like to know if this is a Body Corporate issue or will I have to pay for the repairs. Time and options are running out as my tenants are vacating to another property and I live out of State and I cant afford for the unit to be vacant for to long.Thanks for reading.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,376

    Hi Kenif,
    That sounds to me like a Body Corp thing. But do note that I have never owned a unit, so my thoughts are not from personal experience. Hopefully someone with experience might step up to correct me, or to add some value for you. Good luck with this – is the courtyard ground surface higher than the level of your floors? It sounds like it might be….

    Benny

    Profile photo of KenifKenif
    Participant
    @sicken
    Join Date: 2018
    Post Count: 5

    Thanks Benny ,you are correct,the outside level is higher than the inside floor,so who could I contact about this? surely this does not meet building regulations(standards etc),someone or some entity must have signed off on this when the building was completed.Cheers.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,376

    Hi Kenif,
    I agree there should be “somebody” responsible for this, and I would doubt it should be up to you to fix. If ten years old, could it still be the builder themselves – I vaguely recall limitations of about 6 years, but that might vary depnding on whether a private home vs an apartment block? In short – I don’t know !!

    If you drew a blank when reporting this problem to the Body Corp, then I would think you should be getting in touch with a lawyer who is familiar with property, and the laws pertaining…..

    Good luck,
    Benny

    Profile photo of BallerinaBallerina
    Participant
    @ballerina
    Join Date: 2011
    Post Count: 63

    Hi Kenif

    You need to contact body corporate manager. Their details are on levy notices you are regularly paying. Document your case as detailed as possible: photos, dates etc.
    In case that building is less than 6 years old ( I think?), you/body corporate may be eligible to claim it on Home Warranty Insurance. At least that is how it works in Qld. In essence, this is a compulsory insurance builder needs to pay at the time of construction, for the benefit of the future unit owner. If something is not up to the standard, insurance protects the new owner (not a developer!).
    We just used it recently, on one of our units, 4 years old at the time. 2 items were faulty:
    1. waterproofing in the shower – we, as owners, were claimants
    2. leaking roof above our unit – body corporate was claimant, on the same insurance, because roof is body corporate item (common property).

    Ballerina | Soprano Developments Pty Ltd
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    Michael
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    @michael-patrick
    Join Date: 2016
    Post Count: 3

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    Profile photo of Ethan TimorEthan Timor
    Participant
    @ethantimor
    Join Date: 2016
    Post Count: 282

    Am pretty sure body Corp is responsible. Did you contact them? What did they say?

    Ethan Timor | Aligned Finance Pty Ltd
    http://www.alignedfinance.com.au/
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    Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)

    Profile photo of KenifKenif
    Participant
    @sicken
    Join Date: 2018
    Post Count: 5

    Hi Ethan,this issue has been on going for a few years, I was told the balcony( technically a courtyard) area is not common property so I had some of the outside ground area re-membrane done and re-tiled by contractors suggested by the strata people and paid by me, this did not fix the issue, water is still entering the unit through the wall at ground level, again I am still waiting for the strata people to get back to me, I don’t mind paying for the repairs but not for repairs that are ineffectual, I am running out of time and options, and cant afford a drawn out legal stoush. In a nutshell if I don’t get this sorted and a new tenant in the next few months I could be ruined.I’m over it.

    • This reply was modified 1 year, 8 months ago by Profile photo of Kenif Kenif.
    Profile photo of KenifKenif
    Participant
    @sicken
    Join Date: 2018
    Post Count: 5

    So, it looks like I’m on my own, owners corp say courtyard area not common property, my courtyard so water leaking through walls my problem.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,376

    Hi Kenif,

    owners corp say courtyard area not common property, my courtyard so water leaking through walls my problem.

    Hmmm – OK, so this is a private courtyard then. Are you alone in having your own private courtyard, or do other owners ALSO have one, and, most importantly, are THEIRS leaking too?

    What I am getting at here is this – if the problem comes down to the construction of the building itself, as ALL courtyards display the same problem, then it would HAVE to be a body corporate problem wouldn’t it? But then, that is just another opinion.

    Can you ask around those other owners who appear to also have a courtyard to learn whether they do (or do not) have this problem. And, if they did have the same problem, but managed to fix it, who did they employ that seemed to “do it right”? Good luck – sounds quite stressful.

    Benny

    Profile photo of KenifKenif
    Participant
    @sicken
    Join Date: 2018
    Post Count: 5

    Hi Benny ,the owners corp haven’t been very helpful ,but I believe I’m not the only one with this issue, I live interstate and with recent family health and work issues its been a bit stressful lately and getting to the property is not an option at this stage,I’m just guessing that a few of the owner occupiers might putting up with the leaks, but as a landlord I cant have that.

    Profile photo of Ethan TimorEthan Timor
    Participant
    @ethantimor
    Join Date: 2016
    Post Count: 282

    I’m no expert but it does sound strange. My understanding is that technically the building is owned by the body Corp so if it leaks, that’s an issue for them to resolve.

    I might be wrong, especially with your unit having an outdoor and the leak coming from there so if I were you my next step would be to speak with ‘Consumer affairs Victoria’ and see what they say.

    Good luck! 👍😎

    Please do tell us how it was eventually resolved 😊

    Ethan Timor | Aligned Finance Pty Ltd
    http://www.alignedfinance.com.au/
    Email Me | Phone Me

    Active Investor & Broker; Based in Northern NSW, servicing Australia wide; Author of '34 Proven Ways to Maximise Your Borrowing Power' (download free from our website)

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,376

    Hi Kenif,
    Usually, water only flows downhill. One exception would be “capillary action” (think of a sponge, which can actually draw water UP). Now, if the water from your courtyard has been fixed previously, is it possible that the problem might be porous materials drawing water UP from underneath the building – up the walls, or through the floor from UNDERNEATH, rather than from that higher level that you have already attacked. That action may not be common with concrete floors, but I have heard of walls acting this way (damaged or non-existent damp course laid when constructing them).

    Fixing any problem comes down to identifying what really is the actual problem, and THEN fixing it. e.g. Your courtyard is higher, so you put down membrane to prevent that higher “courtyard water” from entering – but, what if you have a hill behind you, and water comes down, seeps underground to your lower level, goes UNDER your courtyard and the new membrane, wets the ground beneath the building, and is then drawn UP the walls via capillary action? I would think that WOULD be a Body Corp problem.

    Could it be that the first time you spent money to fix it, it WAS done well – but maybe didn’t fix the ACTUAL problem, or maybe didn’t fix ALL of the problem.

    For water issues, I’d suggest tracking down someone who actively advertises themselves as one who understands hydrology and can provide a shortlist of their successful fixes involving water. Or find someone who can recommend a really good builder who might also have a vast experience of putting right any water issues (even if not calling themselves a hydrologist).

    I think I would make an effort to talk (in much detail) with other owners who have courtyards too, to glean what they might already know. Good luck with it Kenif, and I wish you good fortune in fixing this persistent problem,

    Regards,
    Benny

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