I think I have a leaky apartment

[chaosisaddictive]

Hi guys,

I am absolutely desperate for help/advice and would be grateful to anyone who could help.
I recently bought an apartment as my first home in Auckland CBD, and was only able to afford it with the help of my mum who gave me a substantial deposit (this also being the reason I feel so bad about my decision to buy this apartment, as it was a large chunk of her own savings that she gifted me).


So before I went ahead with buying this apartment, I did as much research as I could, including many Google searches about the building, trawling through the various threads on this forum, going through news articles about Auckland CBD apartments etc. My biggest concern was really about it being a leaky building, and even though the bank didn't require it, I got an inspection from what I gathered to be an experienced and registered building inspector.


I thought I had found the perfect place - not impressive in size but not an absolute shoebox either (at least in my opinion), has pretty decent views, large windows, gets a lot of sun and had been repainted and re-carpeted by the previous owner. In hindsight, I think the "renovation" that was carried out by the previous owner should have been a red flag for me.


Anyway, just a few days ago in Auckland, there was kind of a storm i.e. really windy and pouring rain on-and-off for about 3 days. This was when I noticed that the bottom corner of the window was "leaking" (I am unsure if this is the proper term to be using), with water seeping through. Anyway I noticed this a day late, and when I had, some water had already collected on the window sill and I could see that the wall near it had already bubbled due to this.


So now, I am just wondering what I should do. Does this by definition make this apartment a leaky building? Or even if not, then should I be worried about the foundations of the structure of the rest of the building? And if it is, what should I do? Let the body corporate know? I have so many questions and so many concerns here it would take me a whole day to write them out. I feel like the previous owner must have had some idea about this (P.S. the Pre-Contract Disclosure had stated that there was no knowledge of any weather-tightness issues, and anyway I am not 100% sure as to the actual definition of weather-tightness or leaky, but I think that this issue would constitute as both of those, though I really really hope not) but I am not naive, so I'm pretty sure that I couldn't do anything against the building inspector or the previous owner.


Any idea as to my next actions, possible costs I am facing etc?


Please help.


Thanks.

[Damap]

You may just have a leaky window so don't panic yet. I would get a builder to look at the apartment and the window. Hopefully you have a lack on silicone rather than a rotten building.

[artemis]

Agree with Damap, it is way too early to panic. Can you access the window from the outside? If so try squirting water to see if it gets inside and if so, where there might be a gap that can be plugged. Some types of windows have drain holes which can get blocked.

[chaosisaddictive]

Thanks for the responses guys, much appreciated.

Unfortunately, I can't access the window from the outside, not if I want be to dangling on the side of the balcony anyway and even then, it would be a bit of a reach.

I am sure that there has to be a very, very small gap at the base of the window, because during the heavy rain, I could see water slowly seep through the bottom corner of the window on to the windowsill. I am sure it's small because it's not as if water was simply flowing through, and there isn't any visible gap, and also because if I were to close all the windows etc, there is no draft or noise coming in to the unit.

I guess the reason I am panicking is that it's a possibility that since this part of the apartment wasn't constructed properly, who's to say the rest of the building isn't?
Also, I have no clue how or if it could even be fixed (at least not without a lot of trouble anyway) since I'm not on the first couple of floors of the building.

What should I first do here? Contact the body corporate and let them know? Or get a builder to come have a look at the window and the building? I would have to get the body corporate to do that wouldn't I, since the builder would need access to the entire apartment?

[Damap]

No I would just get someone to come and fix your leaking window first. Get them to advise.

[Momo]

Thanks for the responses guys, much appreciated.

Unfortunately, I can't access the window from the outside, not if I want be to dangling on the side of the balcony anyway and even then, it would be a bit of a reach.

I am sure that there has to be a very, very small gap at the base of the window, because during the heavy rain, I could see water slowly seep through the bottom corner of the window on to the windowsill. I am sure it's small because it's not as if water was simply flowing through, and there isn't any visible gap, and also because if I were to close all the windows etc, there is no draft or noise coming in to the unit.

I guess the reason I am panicking is that it's a possibility that since this part of the apartment wasn't constructed properly, who's to say the rest of the building isn't?
Also, I have no clue how or if it could even be fixed (at least not without a lot of trouble anyway) since I'm not on the first couple of floors of the building.

What should I first do here? Contact the body corporate and let them know? Or get a builder to come have a look at the window and the building? I would have to get the body corporate to do that wouldn't I, since the builder would need access to the entire apartment?

I probably would contact body corporate and see whether there is something they can do, I would think if the leaks comes from outside the window, it will be body corporate responsibility to fix it , they will also have better idea as whether there were similar case been reported, if this is just one off case, there is nothing to be worried about, anyway, call the body corporate first and start from there. Good luck !

[Grads]

Firstly, I hope this is an isolated event after repairing the window issue.

Knowing what I now know about Auckland apartments I would however take the following steps;

First you must get the window area fixed - water does damage so get this seen to and repaired. Take photos and document all steps taken. Take photos and have time line of all events and what follows.

You mentioned renovations, did this work area around the area in question? Because if repairs did not involve this window area it is highly unlikely this is the 1st time this window has experienced water ingress issues.

For peace of mind - get property inspected by new building inspection company and get invasive testing where actual moisture readings are taken with probes (not non-evasive wall moisture reading tests). The 1st company still owe you duty of care so you can get them involved also (duty of care providing pre-purchase inspection was authorised and addressed to you) however probe testing will give you best or worse case scenario. (I would also get all other window areas of the apartment checked).

Depending on these outcomes, you will need to get your solicitor involved. With regards to the body corp. keep in mind the BC serve to protect each owners interests first and foremost. If you haven't already read through AGM minutes for last 3-4 (if applicable) to check for Repairs and Maintenance costs and anything that appears odd (large sums) or emergency funds that have been levied and paid. As these findings can uncover a number of former or ongoing issues.

(I have sat in on a number of body corporate AGM meetings where issues involving leaky / moisture / water damage were discussed 'off the record' and what is recorded is wordy very carefully. So you need to get your facts first before you expect the body corporate or any other apartment owners to help with your issue).

Also what was your gut feeling about how negotiations went when you purchased the property? was it easy to purchase the property or did you have to negotiation well to get it under contract? For example, if your 1st offered price and conditions were accepted without ongoing negotiations, you could have provided prior owner huge relief in on-selling their burden to you (I have seen it done).

Finally you mentioned the property was recently purchased and there was pre-disclosure statement stating there was no weather tightness issues. If correct, this provides you a very good position to be in.
This provides grounds for breach of contract, rights to cancel contract and right to seek damages. You would want to receive proof of specific renovation work (invoices to be provided) and communicate with contractors that undertook work - Your solicitor will help you here if required.

All the best!

[PeterT]

Hi Chaosisaddictive,

We live in auckland and know which storm you're talking about. My partner is in construction and know a lot about the apartments in auckland. He knows which is leaky and which isn't. So I'm posting this on his behalf. He wants to know the following:

1 which apartment building are you in?
2 which way is the leaky window facing?
3 is it a window over a deck?
4 is it a studio or a proper 1 bedroom?
5 where did the bubble appear on relation to the window?

[chaosisaddictive]

Thanks for the advice everyone.

I guess my immediate actions are to:
-get the window area fixed
-get invasive testing done
-contact lawyer and/or body corporate pending result of invasive testing

Grads:
You know what really frustrates me, is that I did so much research into buying this place, and into buying my first home in general, and that even after all that I can still be caught out by the most minor of things. How could I possibly have known to check for these kind of issues prior and how would I even have gone about checking the condition of the window? At the very least, over the last few weeks I have learned a lot... it has also made me much more untrusting, but oh well.

I don't quite know the finer details of the renovation - I have an email from the agent saying that there was a change of carpet, the painting of the whole apartment, fixing whatever was broken and furnishing the apartment. In hindsight again, maybe I should have asked for the precise work that was done complete with invoices etc. although I didn't think that people usually asked for this.

RE negotiations etc...
I had asked for 10-day due diligence, but was persuaded to drop it to 5-days by the agent who told me that there was a competing offer - I did not however increase my offer price. Day after offer was made, it was accepted. I had my solicitor do due diligence as well, and yes I went through all last 4-yrs of minutes myself as well as the financial statements and LTMP. Nothing major stood out to me....my solicitor however picked out minor, inconsequential issues to query, nothing at all to do with anything leaky. My gut feeling would be that negotiations went through more smoothly than I expected (although it was the first property I was buying so I have nothing to base my expectations on anyway). I did my own research into the vendor and found out that he's a director of a property investment company, so I thought he was just one of those "buy, fix-up, sell for small profit" types, so was just selling it at the earliest decent offer he received.

Depending on the cost to fix to the window, do you think it's also a good idea to contact my lawyer immediately, to recover costs to fix it?

Peter:
1) Until I actually establish the seriousness of this issue, I would rather not say which building I am in - I will say, though, that there wasn't as much information I could find to do this with this building as I could with others such as Volt, Zest, Aura etc. This building also definitely hasn't been discussed in PT before, if it has been, I am sure I would have found it.
2) I am not up to speed with all these north-facing, south-facing descriptions that I see other apartments described as having, but suffice it to say, I can see Vector Arena and the ocean beyond the horizon from said leaky window.
3) Not a window over deck.
4) 2-bedroom.
5) Bubble appeared on left side of window (as it's the left-hand side of the window that has the seep), looks to be due to water having been dripped down for that 1 day that I wasn't paying attention.

More advice very welcome, thanks in advance.

[artemis]

As mentioned above, the building envelope is common property and is owned by the body corporate, not by you. A window leak needs to be formally notified to the BC who will determine the next step.

You could get a builder's report but not fix it until the BC tells you in writing what you can or can't do.

You should ensure that the issue is raised at the next BC annual or special meeting and that it is recorded on the minutes.

[PeterT]

Hi Chaosisaddictive,

This is my partners response:
1 sounds like the leaky window is north east facing, so caught the full force of the storm that happened a few days ago.
2 sounds like you may have a small gap fown the left hand side of your window. So the wind was forcing the water into this gap and it travelled down to the bottom of the window.
3 sounds like your apt is near ours so it's a very old, approx 20yrs old. Note, it's due for an upgrade soon.
4 find out when the window cleaner is due and get the building manager to apply selleys no more gap or external sealant. This will stop the hole.
5 keep your carpet clean and dry to prevent damage.
6 check your insurance, make sure you have good insurance that covers water damage.
7 unlikely it will happened again as that storm was quite severe and the wind was causing rain to travel horizontal instead of vertical.

As for lawyers and compensation from previous owner. It is unlikely you will be successful. Most likely be very costly to you, since you did your own due diligence, it's impossible to prove the previous owner hid this from you. Remember you say you bought it from an IP owner, they may not been there long enough to notice this problem or they may not have lived in it.

[chaosisaddictive]

Hi Peter,

Thanks for the response - that bit about the window cleaner is a good idea, though I think the building had a clean only a couple of months ago, before I bought, but it's a good place to start with the body corp.

-Yes, I would say the leaky window is definitely on the side of the building that is facing the brunt of the weather.
-The apartment I'm in has just gone past 10yrs, so not that old, though if my research is right, then that 10-yr deadline for lodging a claim with the government if it actually does have weather tight issues has past, something which I considered briefly when doing due diligence.
-The damage wasn't that bad, only about a 10cm long bubble, with no damage to carpet or anything else, I am not too cut up about it, I'm more worried if I'm going to have to fork out any more money for this apartment.
-Yes, I am hoping that that storm is one of those once in a blue moon types, I am sure that if the bubble had been at that spot before I bought it, either myself or the building inspector would have noticed it, probably just my own bad luck that I bought during a rather dry summer.
-I did my own check and found out that the IP owner had it since September. I guess since it took a really wet and windy storm to expose this issue, and not that I can remember any storms in Auckland since then, it's likely that he was unaware of this.

I really am hoping that I am overreacting to this and that it wouldn't turn out to be the case that I have got a leaky apartment. The building inspector himself told me, though only verbally, that due to the simplicity of the building, and the age of the apartment, he himself personally wouldn't worry about it being leaky. At least, I'll tell myself that to get some sleep anyway.

For peace of mind anyway though, I am considering an invasive test - does anyone have firsthand experience with having these kinds of tests done? I have read that the test actually makes it very evident that it has been carried out, so is not a good look at all when it comes to reselling etc.
I would appreciate any and all advice, thanks again everyone.

[PTILoveYou]

Did you check or read the body corp minutes?

Best to raise the issue with the body corp.

[Kbkiwi]

It sounds like you just have a small window leak - way too early to be overly concerned about having a unit in an leaky building.

Also, if it was built 10 years ago, it's unlikely to have major leaky building issues, as this was built well after the leaky building crisis.

Also worst remembering that every building and house will have little maintenance issues arise here and there, it's just what happens over time to any structure.

When/if you mention it to the body Corp, be exact with the small scale so far of the problem - I've seen body Corps ending up spending tens of thousands of dollars getting expert reports from large companies specialising in leaky buildings, and the end result is that it was a $20 fix.

[casacamo]

If you can see the leak then is should not be too difficult to get it repaired, maybe the silicone seal has been damaged or the drainage holes are blocked. Could it be condensation, due to the high humidity in Auckland.
The big 'leaky building issues are where you can't seen the damage taking place, in cavities etc.