Damage to strata unit from previous owner

One of my -properties is an older apartment on the top floor . Recently a leak from the bathroom caused some damage to the apartment below ( mostly cosmetic- paint work etc I believe).
The plumber got in under the bath and discovered the leak issued from above the slab ( ie my problem rather than strata), but that the previous work (from well before my ownership) was sub- par .

Chopped into the bath and exposed the brass plug and waste. Continued chopping. Found the brass P&W was connected to a PVC pipe that was then connected onto what appeared to be an old rubber car radiator hose and then connected into the galvanised waste pipe. The leak was on the connection between the rubber hose and the PVC pipe, above the slab.


Being a strata block, the repair is at my expense if above the slab, strata if within slab space.

However because the issue was caused by previous poor installation, it had been questioned by other body Corp if this is indeed solely my problem.
Anybody set a precedent for a similar issue?

 

I have a friend whose apartment was damaged from a bath leak above theirs and the owner above was liable via their insurance. It really depends on the state and by-laws in that building to my knowledge. It sounds like a fairly complex problem so I would be consulting a strata solicitor for guidance.

 

This sounds like your issue I'm afraid - the responsibility for maintenance always attaches to the lot owner of the day.

When lots sell, the new buyer inherits the advantages and disadvantages of the lot, and any past issue. It's a case of buyer beware.

You might have a case to make against the previous owner for failing to disclose a known defect, but for the purpose of the body corporate and getting the issue fixed now - that will be at your cost.

There may be some insurance cover available, but insurance typically excludes defective building work - which this sounds like. Still might be worth investigating for you.

Matt

 

Fix the problem, get detailed invoices stating exactly what the problem was and submit to the body corporate for reimbursement.

Worth a try.
Marg

 

Your cost, you inherit the property in its state of repair/disrepair as of settlement day.

 

Thanks everyone,I'll give it a shot, but I know it's a long one!

 

Your responsibility - you bought the unit with the issue knowingly or unknowingly.

If you knew about it before then you could of made an agreement prior to settlement but since settled the old vendor is free.