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NSW: Water Leaks, Defects and Disputes in Strata Buildings

water leaks defect

We held a webinar on the 4 July, 2024 with Adrian Mueller from JS Mueller & Co Lawyers about the owners corporation’s responsibility to remedy water leaks and defects in NSW strata buildings. Recent heavy rainfall across NSW has unfortunately led to a surge in water leaks and defects within strata buildings. These leaks can damage both common property and lot property, causing significant frustration and financial burden for apartment owners. As a result, disputes between owners and their owners corporation (OC) have become more frequent.

Video: NSW: Water Leaks, NCAT and Common Property – Is the Owners Corporation Responsible?

Understanding the owners corporation’s responsibility

The Strata Schemes Management Act 2015 (NSW) clearly outlines the owners corporation’s duty to maintain and repair common property. This includes:

Strict liability and the duty to repair

The Act imposes a strict liability on the OC for repairs. This means the OC is responsible for fixing defects in the common property, regardless of cause. Even if the leak originates from faulty original construction or unforeseen circumstances, the OC must address the issue.

This strict liability eliminates the option for the OC to simply deny responsibility for repairs. Delays in fixing leaks, passing resolutions to avoid repairs, or claiming lack of funds are not valid excuses.

Remedies available to lot owners when an OC fails to act

If your apartment suffers damage from water leaks or defects originating in the common property, and the OC fails to take action, you have several options:

Making a strong claim for water leaks and defects as a lot owner

To maximise your chances of a successful claim, it’s crucial to have a well-documented case. You should:

The strict liability makes it difficult for OCs to argue they are not responsible for repairs. Adrian Mueller’s final thoughts for those owners corporations still avoiding their responsibility, at the end of the session: “that’s the law, like it or not…… sometimes you just have to suck it up”.

You can access and download the slide pack and relevant resources mention in the session here: NSW webinars: Duty to repair common property: Water leaks and defects.

Video presenter:

Adrian Mueller JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au P: 02 9562 1266

Article author:

The Lookupstrata Team

This post appears in Strata News #702.

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Visit Strata By-Laws and Legislation OR NSW Strata Legislation pages.

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