Advice regarding sectional title flat and water damage

saor

saor

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/Trustee problems

There's a leak coming from a unit in the building (block of flats). Water is getting into common property and over the course of the last month has already caused quite a bit of damage. Owner has had a month to fix the problem (they were notified of issue start of September), but tenant is being difficult.

Owner is responsive and says we can proceed, but tenant is a lawyer who is being very difficult and won't grant access to do repair work until end of October. Threatening with lawsuits etc.

Not sure what to do here. We wait a month and incur even more damage to common property and potentially neighboring units, or we access the unit and incur the wrath of a petty lawyer.

Any advice?
 
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Rules don't seem to give us the right to access the unit - even if the owner has given permission, the tenant can still get legal.
 
saor said:
@Gordon_R not sure if you've dealt with similar.
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Not really the same, but the opposite scenario: The owner can be difficult, but the tenant is fine. It took 4 leaks, and 18 months to fix the problem properly...

Ultimately the owner is responsible for everything, and it is in their interest to get the matter sorted. However in my experience the duration of the leak is of minor consequence. Any water intrusion will cause damage, and whether it is 1 m^2 or 100m^2, the cost is going to be substantial. You can only prod and persuade, never force anything...
 
is it high pressure water ( mains leak ) or low pressure water ( outlet like a sink pipe going to a drain )

if the former who pays the jwater bill ?
 
icantchooseone said:
is it high pressure water ( mains leak ) or low pressure water ( outlet like a sink pipe going to a drain )

if the former who pays the jwater bill ?
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Building pays one big bill. Tenants aren't billed on a per-unit basis.
 
saor said:
Mains then. Leak between main inlet and one of their taps.
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you should let all the other tenants know about the steps above , you are all paying for that water loss . generally the longer a mains leak continues - the bigger the hole gets and the worse the leak gets
 
saor said:
Owner is responsive and says we can proceed, but tenant is a lawyer who is being very difficult and won't grant access to do repair work until end of October. Threatening with lawsuits etc.
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What else is there to this story? Is he out of town? Is the lease up? Any other underlying issues?

In any case your relationship is with the owner so these are his problems. You can only advise the owner, but you should have them on notice that excess BC costs will be for their account.
 
icantchooseone said:
FYI then you on your own are paying the same as a family of 5 unless they divide the bill per person

why no sub meters ?
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It's something we're going to look into next year. That's partly why the levies are so high....includes a split water bill for the building.
 
saor said:
It's something we're going to look into next year. That's partly why the levies are so high....includes a split water bill for the building.
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In some buildings like ours, it is impossible/impractical to split the water bill. Each flat has 3 different water supplies, one mains, two from tanks on the roof (toilet and geyser separately). Installing that many meters, or re-plumbing the entire building, would be a logistical and cost nightmare. Not to mention that pressurised geysers are more likely to burst and make a huge mess. Or that an interruption to mains water supply/pressure leaves you (literally) high and dry.
 
icantchooseone said:
they should then at least divide the bill per person ( thats what we do )
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What do you mean? We either install water meter per unit which I think is going to be a huge hassle or we just suck it up and share the bill. Dividing the water bill based on # of tenants just seems like an administrative headache.

(Building has 90 units. Per unit billing might be easier if it was only a handful of units)
 
Gordon_R said:
In some buildings like ours, it is impossible/impractical to split the water bill. Each flat has 3 different water supplies, one mains, two from tanks on the roof (toilet and geyser separately). Installing that many meters, or re-plumbing the entire building, would be a logistical and cost nightmare. Not to mention that pressurised geysers are more likely to burst and make a huge mess. Or that an interruption to mains water supply/pressure leaves you (literally) high and dry.
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Yeah. Plumbing also all inside the concrete so a meter at each unit will mean holes dug into the wall outside every unit. Such a pain in the ass how they run the plumbing like this - got a leak? Hole in the wall required.
 
saor said:
Not sure what to do here. We wait a month and incur even more damage to common property and potentially neighboring units, or we access the unit and incur the wrath of a petty lawyer.

Any advice?
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i've dealt with the same - twice, and the same owner on both occasions.
on both occasions there was a ruling from the csos, ordering the owner to carry out the required repairs.
owner ignored the rulings and did not carry out repairs, and refused access to bc appointed contractors to carry out the same.
had to approach the court to obtain an enforcement order.
enforcement order granted, sheriff of the court served on owner - with a warning should the owner ignore the order, he would be back with saps & warrant of arrest for contempt of court.
access granted.


**remember, there are relationships in place.
the bc has a relationship with owners.
owners have a relationship with their tenants.
therefor bc takes action against the owner, who in turn has to deal with his tenant.
so here the bc can start off with legal costs & bill the owner - owner will very soon come to the party as legal bills start coming in.
dont be mucking about - start immediately, take no prisoners.
 
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