A client, who lives
in a double-story sectional title complex, asked me: “My neighbour above me has
a water leak in his bathroom. Water has seeped through to my unit and damaged
my ceiling and wall. Who must pay for the damage to my unit, the Body Corporate
or my neighbour?
’
The Sectional
Titles Act, read with the Management Rules, provides that an owner (let’s call
him A) must repair and maintain his
section in a state of good repair.
Section 37 of the
Sectional Titles Act requires the body corporate to maintain and repair the common property.
Because the leak
emanates from A’s bathroom (and is not common property) A, and not the Body Corporate,
must repair the leak, within a reasonable time, to prevent further damage.
If A fails to
co-operate, B can ask the body corporate to intervene and ask a repairman to repair
the leak. A must allow the repairman (authorised in writing by the body
corporate) to enter his section at a reasonable time, after due notice, to fix
the leak, at A’s expense. Notice is not required in the case of emergency.
Regarding the
damage to B’s ceiling and wall, it’s more than likely that the Body Corporate
is insured against such consequential damage and B can claim from the insurers.
Unfortunately, he’ll have to pay any excess.
