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$3k bill to fix old problem in a newly bought apartment - anything I can do?

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  • $3k bill to fix old problem in a newly bought apartment - anything I can do?

    Hi All

    I bought an apartment at the beginning of the year (for me to live in). I was recently told by the Body Corp that all owners were being "encouraged" to have their shower basins replaced as there was a considerable risk that they would soon start leaking down into the apartments below.

    I was completely unaware of the problem when I bought the place but apparently it was identified at least a year ago. Letters had been sent out to owners. I understand that the majority of the building's showers have already been replaced. The cost will be close to $3k - kind of a nasty surprise for me!

    Insurance - apparently Im not covered for the replacement of the shower itself, but would be covered if there were a leak and this caused damage elsewhere.(but either way, the shower still needs replacing)

    From memory before I bought the place I think I phoned the Body Corp to inquire about the general state of the building - being mainly concerned of course with Leaky issues. No problems were highlighted. Now I am wishing that I had some email record of this!

    I am unsure at this stage whether or not the previous owner was aware of the problem when they sold it to me. I think theres a good chance they did. If they did know would I have a case against them?

  • #2
    You'll need to get copies of the body corp minutes showing when they advised owners to replace the shower basins.

    Even then, it's a case of buyer beware unless you can show that the Real Estate Agent had knowledge of the problem. $3K is not a lot of lawyers hours, so even if there is a theoretical "win" possible for you it may well not be worth the time and expense fighting this fight.

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    • #3
      Your lawyer let you buy an apartment without strongly advising you to read past BC minutes and accounts?
      Yuk.

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      • #4
        Your lawyer let you buy an apartment without strongly advising you to read past BC minutes and accounts?
        No she did advise me to read them and I did. For some reason there was no mention of the shower issue.

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        • #5
          Ahh.
          Sounds like SwissTony for Body Corp chairman is needed then, to get some structure into the BC.

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          • #6
            A risk of a leak and a leak are not the same, and being encouraged to check is a good thing, as you live there.
            Use common sense and enjoy your day

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            • #7
              i seem to remember reading some BC minutes where shower trays were leaking and required replacement, i keep all the minutes i get so which building?

              perhaps they skipped sending you those ones

              pm ok?
              have you defeated them?
              your demons

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