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  1. #1

    Default Unit title on property with land - responsibility for repairs

    Hi all, first time posting on Property Talk here, though I've been a silent watcher for a while.

    I bought a property a couple of months ago. It is a house on land, but is unit titled. The unit title has two principal units, and two accessory units. The neighbour and I own a principal unit and an accessory unit each. The principal units are separate from each other (does not share a wall). The accessory units (basically a freestanding double garage with a wall in between) but joined together (share a wall).

    The neighbour is saying that there has been quite a lot of leaks, and he's saying that it's coming from my side of the garage. The external walls of the garage is concrete and I've been told that it can absorb water, and he may very well be right - but there's no saying for sure until someone qualified comes and has a look at it.

    The problem is that he's saying that I should pay the costs of assessment and repair out of my own pocket. He's saying that the problem is coming from my side, and I really ought to pay for it. From my side, there's no way of knowing if it's actually from my side of the garage or not, and I don't really want to pay for an engineer out of my own pocket and later realise that the issue might be his, or at least, not mine alone.

    So, I think what it comes down to, is my neighbour is responsible to share the cost of assessment and repair under the unit title rules.

    Hope it understandable - feel free to ask any questions if you'd like any clarification.

  2. #2
    Join Date
    Apr 2016
    Posts
    2,343

    Default

    We can't answer that, you will have to read your rules and see. On the surface, if he has leaks tell him to fix them but of course when you are neighbours it's never that simple. The law will be in the fine print of your BC docs.
    "A body corporate’s responsibility for maintenance will coverthe common property, as well as all building elements and infrastructure which serve morethan one unit. Bodies corporate will also be required to set up a long-term maintenance planand establish a fund for that plan."
    There is usually dispute resolution details in the BC as well.

  3. #3
    Join Date
    May 2004
    Posts
    2,758

    Default

    Suggest first see if you can gather more info.

    Have you looked at the leaks in neighbour's garage? Are they at ground level? If so can you tell if the water is coming only from the junction with your garage? Is there evidence of leaks on your side?

    Seems unlikely significant leaks are caused by water wicking into concrete, more likely sealing of walls or floor is inadequate and may indicate a larger hidden problem.

    The problem with leaks is that they tend to get worse and harder to remedy over time.

    Is the area surrounding the garages, or the external garage walls, common property? If so and there is a problem there, then the body corporate pays for remediation. (External walls are usually common property.)

  4. #4

    Default

    Quote Originally Posted by artemis View Post
    Suggest first see if you can gather more info.


    Is the area surrounding the garages, or the external garage walls, common property? If so and there is a problem there, then the body corporate pays for remediation. (External walls are usually common property.)
    I agree this is the place to start you need to understand who owns what and who is responsible
    look at the Unit title plan carefully. Sometimes these unit titles are all principal and Au and no common property. The plan satses where the boudary is (middle of the wall or the outside face?)

    The space above and below needs to be considered as well as this can be common property as well. The water could be from there which means common to unit bdy issue and noot unit to unit

    Unit titles act applies. A unit holder cant cause damage to another unit but he has to prove the water is coming from your unit? The cost goes to the unit receiving the benefit of the work if this unit is receiving the benefit and yours none then all the cost goes to the other unit? The BC is ultimately responsible but this isn't the same as being liable for the cost that still remains with the unit that benefits.

    If it is a concrete wall he can paint some specialist finish to stop the water coming through from his side??

    Is there water on your side of the wall ? if not, It is his problem until he proves otherwise.

    If it is common property then the BC is responsible. The BC is also responsible to ensure units are maintained so the BC should investigate but in your case 1 vote for and 1 against doesnt do it? for a majority decision
    Last edited by John the builder; 08-12-2016 at 05:05 PM.


 

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