Damp issue

[medicnick83]

Hi guys,

I have a question and I would like some assistance from all the experts on here.

I live in a ground floor flat, our lounge has a 'balcony' type setup.

For the longest time whenever it's raining and / or wet for extended periods, then we have this issue which my lovely mother has 'ignored' for the longest time.

The water / damp is coming through, up and through the floor and messing up the carpets.

My question here is, is this a 'flat' issue that the body corporate must sort out, or is it a issue WE must sort out?

If I must explain better or even provide pictures, let me know.

 

[MickeyD]

Not your mother's responsibility to fix... Body corporate/owner must sort it out.

 

[medicnick83]

Mom is the flat owner... but this issue has been there forever - I've only recently noticed it because mom just hides it by putting furniture around it.

Now she doesn't really know how to do much when it comes to finding fixes for things, so now that I've discovered it, I'm wondering if this is not a issue the body corporate must sort out, because it's coming from the otherside IN.

Like; I wouldn't expect the BC to fix a geyser that exploded because it's something INSIDE the flat but if it's something from the outside, then it can't obviously be OUR problem can it?

 

[P00HB33R]

Nope. That is the owner of the flat's problem eg. your mom.
Also, maybe tell her to contact the contractor that built the flat to see if maybe they cover with a warranty or something.

Damp rising through the floor is a nightmare to fix. Most likely you've got a crack in the foundation & no proper damping insulation, which had to be done when building.

 

[Jakes147]

In sectional title the owner of the unit owns everything from inside the median line(middle) of the walls, floors and ceiling everything outside the median line is the responsibility of the BC. In this case I would try to get them to pay for everything seeing as the water is coming through from their side of the median line. As a worse case I think you would be liable for half of the cost.

 

[Venomous]

Nope. That is the owner of the flat's problem eg. your mom.
Also, maybe tell her to contact the contractor that built the flat to see if maybe they cover with a warranty or something.
Damp rising through the floor is a nightmare to fix. Most likely you've got a crack in the foundation & no proper damping insulation, which had to be done when building.

Erm

Anything that is above your ceiling and outside your walls and floors are BC problems in flats and common property

Except Example - front door in a bad state due to weather exposure half your prob / half BC. Shared costs
Same for windows.


A tree falls over and breaks your roof - BC problem
In this instance - BC must access damage. Then at BC cost repair/replace damaged goods/property.

It could mean that they lift her carpets, waterproof, recarpet. Replace wooded scurtings, paint etc.

This is the reason why BCs of common/shared properties need excellent insurance. Events like this could cripple them financially. Yet the owner is fully entitled to ask for repairs.

 

[Venomous]

In sectional title the owner of the unit owns everything from inside the median line(middle) of the walls, floors and ceiling everything outside the median line is the responsibility of the BC. In this case I would try to get them to pay for everything seeing as the water is coming through from their side of the median line. As a worse case I think you would be liable for half of the cost.

Nope. Not shared costs in this instance.

Problem is ground water. So it is a shared problem. The lady could move out, never report the problem. And one day if the building collapses due to damp damage it will break everyone's units.

 

[Venomous]

Basically - in a shared title property you are not entitled to buy "private" insurance. The BC has insurance for the flats/complex. If you have added more expensive lights, taps etc, you may approach them and ask that your portion be increased, for your costs.

As an owner you can take out private insurance for your furniture. All else is for BC, unless the BC can prove owner neglect/responsibility.
IE that BC would have to prove that the lady dragged a tub to her lounge and bathed there, then they can hold the lady responsible...

 

[noxibox]

If it's coming from outside it is the body corporate's problem, but you'll probably have a fight on your hands getting the trustees to take responsibility and spend the money.