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-   -   Leak in condo (https://www.revscene.net/forums/707040-leak-condo.html)

all4one4u 01-06-2016 09:57 PM

Leak in condo
 
Hey guys, first off, I am not looking for legal advice I just wanted to see if anyone else has had experience similar to mine and won't mind sharing.

1. Leak in condo--strata sent people to cut a hole in my ceiling to find cause
2. Report found leak caused by exterior leak (improper installation of ingress)
3. Strata fixes the exterior leak
4. Strata does not want to pay to repair my ceiling :yuno:

Question is, who is suppose to pay to fix my ceiling??

Thanks guys, any help is appreciated!

CRS 01-06-2016 10:23 PM

Strata is supposed to pay your ceiling.

Is this a joke?

Any exploratory work contracted by strata should be covered. As soon as the leak was discovered, you should have had your ceiling fixed.

yray 01-06-2016 11:37 PM

Well they should fix the hole they cut.

The water damage is caused by the building itself, thus strata should cover the repairs.

If the unit above left their tub running and it overflowed and damaged your unit, are you going to pay to repair the water damage? :fuckthatshit:

dvst8 01-06-2016 11:39 PM

Strata pays.....well technically you're paying through your monthly strata fees. Tell them to suck it.

smoothie. 01-07-2016 12:25 AM

please tell us which building you're in so we can avoid.

thanks

trollguy 01-07-2016 10:33 AM

just reference your strata bylaws and present to council

it outlines what they are responsible for

all4one4u 01-07-2016 10:44 AM

Quote:

Originally Posted by trollguy (Post 8714518)
just reference your strata bylaws and present to council

it outlines what they are responsible for

The strata claims I am responsible for my own unit including the ceiling. :facepalm:

6o4__boi 01-07-2016 10:56 AM

your strata is clearly retarded and made up of a bunch of clueless knobs

Eff-1 01-07-2016 11:15 AM

Was your ceiling damaged because a guy came and cut a hole in it to investigate a building issue that has nothing to do with your unit? In other words, if not for the guy cutting a hole, your unit has nothing to do with this?

For example, last year the strata had to fix some plumbing in our building as part of some maintenance they were doing and it involved coming into my unit, removing my toilet, snaking the pipes, then reinstalling the toilet. They covered 100%. They didn't take my toilet out, do the repairs, then make me cover the cost of fixing everything.

Instead, tt sounds like what is happening is your strata believes the ceiling was (either directly or indirectly) damaged due to the exterior leak. In that case, even though the leak wasn't your fault, under the bylaws they are only responsible for fixing the leak, you are responsible for fixing any damage inside your unit (including the ceiling) that was caused by the the leak, which they are probably including the hole cut by the guy as one and the same. It's a bit of a stretch if you ask me. Bunch of crooks.

Hondaracer 01-07-2016 11:25 AM

If the building envelope caused the leak within the unit though, that's pretty cut and dry as to damage cause in this unit due to a problem within the structure that the strata is responsible for

MG1 01-07-2016 11:27 AM

Is this the strata council that conducts their business in Chinese only?

Just wAndering :troll:

meme405 01-07-2016 11:31 AM

This sounds like the type of shit my strata council would try to do.

Fucking assholes.

XplatinumX 01-07-2016 12:17 PM

I'm interested in finding out how this plays out. Eff-1 and Hondaracer both have opposite opinions on this. So is this cut and dry, strata pays or is the OP SOL?

Eff-1 01-07-2016 12:25 PM

Quote:

Originally Posted by Hondaracer (Post 8714548)
If the building envelope caused the leak within the unit though, that's pretty cut and dry as to damage cause in this unit due to a problem within the structure that the strata is responsible for


according to the standard strata bylaws, any damages caused inside the unit, like water damaged ceilings, carpet replacments, etc (even though it was from the leak in the building envelope) are still the owner's responsibility. the location of the source of the leak doesn't matter.

it's stupid, but that's the way it is.

Bender Unit 01-07-2016 01:07 PM

^ that's just f--k up bs bylaw.
Good info., Eff-1

quasi 01-07-2016 01:22 PM

I've had a similar situation happen twice when I owned my townhouse, strata fixed the leak and my ceiling both times.

fliptuner 01-07-2016 02:18 PM

If they want you to pay for damage caused by exterior problems, that's a shitty ass strata.

Hondaracer 01-07-2016 02:27 PM

Yea..basically if they used your unit as investigation you would think they would just act on good will in repairing whatever happened within your unit..

Makes me appreciate my strata even more, we live in a 25 year old high rise but the strata is amazing

FerrariEnzo 01-07-2016 03:54 PM

Quote:

Originally Posted by all4one4u (Post 8714527)
The strata claims I am responsible for my own unit including the ceiling. :facepalm:

Is your strata council a mandarin speaking one? :badpokerface:

Jonydakiller 01-07-2016 04:13 PM

maybe you should consider buying property insurance next time
i have assumed you probably didn't....

Gnomes 01-07-2016 04:50 PM

Quote:

Originally Posted by Eff-1 (Post 8714571)
according to the standard strata bylaws, any damages caused inside the unit, like water damaged ceilings, carpet replacments, etc (even though it was from the leak in the building envelope) are still the owner's responsibility. the location of the source of the leak doesn't matter.

it's stupid, but that's the way it is.

I read from another source and agree to it. However, the owner can still sue the source of problem (plumbing in the wall/ceiling = strata, upstairs dishwasher = neighbor upstairs)

Ikkaku 01-07-2016 05:04 PM

https://www.cwilson.com/services/18-...rporation.html

This is a decent source regarding bylaws and issues like these.

Unfortunately eff-1 is correct and the bylaws do state the strata lot damage is the responsibility of the owner.

Unless your building has its own amendments that state otherwise, you may be SOL.

westopher 01-07-2016 05:08 PM

Find out who is in charge of the strata and go cut a bunch of holes in their ceiling.

JesseBlue 01-07-2016 05:12 PM

So what, if op says hell no don't cut up my ceiling without repairing it in the end, will the strata fix it for him/her?

all4one4u 01-07-2016 07:32 PM

Quote:

Originally Posted by FerrariEnzo (Post 8714631)
Is your strata council a mandarin speaking one? :badpokerface:

lol, no they are not mandarin speaking. The strata in this case is simply being assholes.


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