Who Should Pay for The Plumber to Investigate Apartment Water Leak?

My partner and I live in an apartment, and we got contacted by the building management that there is water leak from our unit affecting the unit below, and we should find a plumber to fix it.

We went down to the unit below, but did not see any water leaking. We were told that the water leak was coming from the air con vent (on ceiling), and the person servicing the air con suspected that the water leak was coming from the unit above (i.e. us). When asked when and around what time it leaked, the unit below could not tell us when, but that it occurs once in a while and they see some water puddle below their air con vent when they return home from work.

Since being notified of the issue and since their air conditioning unit was checked and serviced (cleaned, changed faulty capacitor per report given to us), there has not been any water leakage.

The person below referred the issue to building management after the person who serviced their air con suspected the water leak was from above. The building management said this issue does not belong to owners corp/building management, and that we should investigate the issue between ourselves.

We contacted the building's plumber and were told that historically, the owners corp pays for the first hour to identify the issue and to determine who the leak belongs to. However, the owner corp no longer pays for this and wants the residents to pay for it instead.

During the hour, the plumber will stress test (flood test) and check downstairs. The first hour cost ($100) will not include fixing the problem.

The unit below wants us to act now and get the building plumber to investigate despite not having any water leakage since.

We are happy to pay if the water leak belongs to us, but when does a water leak belongs to the building, and when does it belong to us? Who should pay for the initial investigation? and what happens if the source of water leak cannot be identified?

Who should be the one responsible to look for/contacting the plumber?

If this should be paid for by the owners corp, how do you get the owners corp to pay for it given their current stance?

Below poll assumes the unit above will pay for fixing the issue if identified to be the source of water leak (if there is any)… it is only on who should investigate and pay the initial investigation cost.

(No bikies….)

Poll Options

  • 0
    Investigate now - Unit above should investigate & pay investigation cost
  • 3
    Investigate now - Unit below should investigate & pay investigation cost
  • 30
    Investigate now - Owner Corps should investigate & pay investigation cost
  • 3
    Investigate now - Both units share the investigation cost
  • 3
    Investigate now - Unit above investigates & get unit below to pay if water leak not from above
  • 6
    Investigate now - Unit below investigates & unit above only pays if confirmed to be source
  • 0
    Wait until another leak occurs - Unit above investigates & pays investigation cost
  • 39
    Wait until another leak occurs - Unit above investigates & get unit below to pay if not from above

Comments

  • Do you own or rent your unit…

    • Both unit above and below own our respective units

      • You shouldnt need to pay, the fault is not your problem, even if the water leak is caused by you.
        Unit below needs to pay if they want it done quickly.
        The people who built the building or owners corp need to pay, they didnt build it properly - if it is actually a leak.
        You dont need to answer or do anything asked by the unit below.
        Let the unit below solve it with the owners corp or the builder.

        • Oh crap, just did further research, it looks like this is a grey area…
          Do any of you guys have home/home contents insurance?
          Let insurance handle it if yes.

          Found something: http://forums.whirlpool.net.au/archive/2400676
          If it turns out the problem is caused by things in your unit, it is your responsibility (ikr)
          Maybe share 50/50 with the unit below for the futher investigation cost (after OC pays first hour) if you want to be a good neighbour

          The legal precedence: https://en.m.wikipedia.org/wiki/Burnie_Port_Authority_v_Gene…

        • @brokenglish:
          Your further research is quick!

          I just don't know when it constitutes a building issue and when it is considered a resident/unit owner issue.

          We don't have home insurance, not sure about the unit below.

          It seems like building management/owner corps are refusing to pay for investigation…

          But yes, happy to pay if fault is ours.

        • @lookwithin:
          Yes I can understand your position. This could happen to me anytime too!

          It is OC issue if the leak is caused by a fault/something in the common area.
          Unfortunately if you own the unit and the leak is caused by your unit, it's your liability :(

          Also to advise, get a home/home contents insurance, it's only around $200-300pa for me (Allianz). All for this headache.

      • +11

        Simple, get 3-4 cans beetroot. Tip them down all water drains, (juice not slices obviously) if they don't get pink residue down there it's either inlet or not your issue. Either way I'd tell them if the dye didn't come through not your issue.

        • +2

          What a fishy idea! This is seagood!

        • +1

          @brokenglish: it's how you test pools for leaks, one can will treat a big above ground pool to find the leak.

        • Ha ha.. I will need to find 7 cans of beetroot… (kitchen, laundry, bathroom)

          and I will have a very healthy diet for the next few days/weeks…

          Not sure if this would be considered proper "due dilligence"/investigation going forward.. but I do like your idea :)

        • @lookwithin: if it's drain water you will know.

        • @Slippery Fish: The only thing is that the unit below haven't had a water leak since reporting the issue to building management…

          And we have definitely used our shower, laundry and kitchen since…

          When the supposed water leak occurred (which I have no idea the previous frequency), the unit below just found water puddle below their air con ceiling grille/vent when they return home, but have not witness the actual water leak..

          The building management hypothesis that it might be some pipe coming from our unit, and the leak takes time to occur, hence it occurring during office hours when we are not at home to use the facilities.

          How long should I allow for the beetroot juice to leak through to the unit below…

          Hm… they might get me to pay for damages if their ceiling turns red :P

        • +3

          Food colouring just as good?

        • @lookwithin: You could substitute it with water and food colouring…probably cheaper.

          https://www.google.com.au/search?q=food+colouring&source=lnm…

        • +1

          If they do get pink residue, yoy pay for repairs and a new carpet

        • @OzzyOzbourne:
          What about if they like the pink carpet?

        • +1

          @wozz: Maybe only if it matched the curtains. ( ͡° ͜ʖ ͡°)

      • +3

        Sounds like the repairman didn't know if he fixed it or not, didn't want to sound incompetent or be called back, so made up a disclaimer statement that the water came from above with no proof.

        The leak, if it occurs again, should be traced from below first by the accuser to get more accurate info. Otherwise make them agree they will reimburse you for both your time and expenses if they were wrong. Same for Body Corp if it is their issue. If they refuse, don't investigate.

        The body corp should be more responsible, the leak could be from anywhere, it could be a common part of the trunk drainage, or running along from an external building fabric issue. The point is no one knows. They can't just pass the buck.

        Is it leaking from a ceiling mounted register/cassette air conditioner? One of these leaked at my office onto our $7000 boardroom table which made it swell and damaged it, it was condensate from itself. Did they leave it on whilst out? Ours was left on unattended for days/weeks. Otherwise is it just a vent for central HVAC? If so the water could be running along it for some distance from anywhere such as even rainwater (body corp isue).

        On another matter, OP why dont you you have insurance?! You may think less necessary in an apartment but insurance covers LIABILITY to third parties… someone hurts themselves or sustains damages as a result of your property, you can lose every cent and asset you own. I know of someone who was sued by their child's friend from school's mother who tripped over when she came around to collect her child from a play date, cost them more than $250,000 - no insurance. Had to sell their house, will never recover financially.

        • +1

          Thanks for the reminder. Will definitely look into insurance now you mention about 3rd party liability. Was more of the opinion that our home contents (including the kitchen/toilet fixtures) was not worth the insurance, and that the building was covered by the body corp insurance.

          Our view is that it is more likely a body corp issue if it is actual leak (rather than air con issue), but don't want to be blamed if we were negligent in not looking into the issue. We are also afraid that the plumber might just say it is from upstairs knowing that it is hard to recover cost from the body corp even if it is not our issue.

          We also feel that the unit below/body corp should investigate as the source can be anywhere, but everyone is passing the buck…

        • Bankruptcy :/

  • The first hour cost ($100)

    This is deductible. Just get it inspected and fix if needed. The alternative is that any future leaks can be disputed in court. Very expensive alternative.

    • +2

      We live in the unit - don't think we can get deduction.

      We are just trying to investigate what is the right thing to do. Not about cost.

      But agree we do not want to get into court disputes further down the track…

      • +3

        Ask the owners of the unit below to reimburse when the inspection shows that the leak isn't from your unit. If they agree then go ahead with the inspection.

        • That's what we are leaning towards…

  • +5

    What proof do they have that it is coming from your unit… just assumed?
    I would suspect aircon condensation..
    It could be condensation from their own a/cond inlet?
    Blame can only be laid when the real source is found and the unit below or the BC will have to cover that.

    • The only proof they have is a report from the air conditioning servicing person that they suspect the water leak is from above

      • +1

        all water comes from the sky… LOL
        He did not specify the source and it still could be condensation …

        • LOL..

          Actually, I missed an important word from their air con report. "Suspect water leak coming from apartment above"

        • +2

          @lookwithin:
          But it did not mentioned a definite location/source… until that is done it is only assumed.
          Water can run along pipes, timber etc before it drops so it could even be coming from outside the builiding.
          Mains water?.. grey water?.. downpipe..? condensation..?
          You can buy endoscopes 5mr long that will plug into your smartphone for $10… might be a cheap way to investigate.

        • @xywolap:

          The inspection is to rule out op's unit being the source. It's only $100 which the other owners can reimburse if source of the leak isn't from op's unit.

        • @xywolap: No mention of definite source/location.

          The report was not from a plumber. I think the person servicing the air con is suggesting that it did not come from the air con when it tried to investigate the water leak from/near the air con vent/grille? (and hence suggested it might be from apartment above)

          Now the question is who should investigate and pay for finding where the definite location/source of leak is coming from.

        • @xywolap:
          According to the building plumber, BC used to pay for these type of situation, but now their position has changed and they will not pay for investigative work.

          I am not sure how we can push for BC to pay for the investigation.

        • +1

          @lookwithin:
          The unit that has the leak would be the one pushing for that imo.
          Until it is proven (not assumed) it is coming from your unit then why are you liable?
          BC are responsible for plumbing/drainage of the property aren't they?
          Minor things like tap washers etc would be the units owners responsibility but water coming from an unknown source into a unit would be what you pay all that $ to the BC for.

          "I am not sure how we can push for BC to pay for the investigation."

          Until the unit owner with the leak asks the BC directly then there it stays.
          I would not take advice of "maybe" from an unauthorised source.

  • +10

    We had a similar issue with our neighbour when we put in a new balcony; (we have an adjacent wall). She found she had a water leak in her bathroom that, unfortunately, seemed to align up with our balcony. Fortunately we are on really good terms with our neighbour, and we were deeply concerned it might be us, so we got our builder out and we went over what the source might be. It turns out it was most likely a leak from her radiator in the floor above the bathroom that then found a weakest link down to the bathroom. (The leak was below floor level so she couldn't see it initially). She was most apologetic but both the builder, and we, took the view that the outcome was worth the inconvenience because we had identified the issue for her. Keeping in good with the neighbours is a very important as you never know when you need them onside and it is just much more pleasant that way. I would talk to the neighbour and see if you can strike up a deal where each party pays 50% and then whoever turns out to be the source of the leak reimburses the other party. If they really think it is an issue then they should be happy to do this.

    • Thanks. That is a good reminder.

  • I had the exact situation before but I was renting.

    My upstairs neighbours, the neighbours beside and the body corporate were all cooperative, but my landlord was up for all the plumbing and investigation fees to try and identify the source. It'd been happening for a few years and had destroyed a large section of the carpet. After coming around many times, the plumbers were still not able to work out where the water was coming from and the next step involved knocking down the wall.

    Based on that, the landlord couldn't be stuffed anymore so they replaced the carpet and sold the place. I've also moved out because the new owners wanted to live in it.

    The body corporate was of the opinion that the water leak was the owner's problem until the source can be identified.

    • +1

      Thanks for sharing :)

      Yes. I am also afraid that the plumber cannot identify the source, and then the burden will be on us (upstairs) to prove that it is not us/to find the source for the unit below.

      • +3

        I'm on your side on this one and think that the owners underneath should be paying to do the investigative work until they can actually show that the leak is coming from your apartment (and not starting from the pipes or something within the walls and ceiling).

        By all means, be cooperative and helpful but avoid any agreement to pay.

        If you pay anything now and it doesn't turn out to be that you responsible then you'll have to chase the responsible party yourself for reimbursement or if they can't find out who is responsible, then you won't be getting any money back at all.

  • +1

    What state is this in? In NSW (when I lived in a unit), strata was responsible for any services that was part of the original building. If you renovated and changed things around, then it was the owners responsibility - and typically the only thing that ever changed was electrical.

    Realistically though - anything strata pays, you indirectly pay.

    • VIC.

      Has not changed anything in the apartment.

      Understand re strata. We indirectly pay via strata, but it will distributed across all units.

      • 100% the above. Since you're in victoria though, the rules might change. But I know for a fact in NSW, Strata is responsible for maintaining common property - pipes and things like that are common property. It is not your responsibility to pay for it.

        the only time it is your responsibility is if it's related to you leaving a tap on and flooding a sink or something silly like that. Also if you have a S-trap underneath your sink - that would be your responsibility.

        Pipe breaks/leaks/etc through the slab or through common walls / floors is a strata matter.

  • +2

    Funny how Body Corporates are keen to take insane amounts of money but are shrewd experts of explaining why they are responsible for virtually nothing. Strata… a total pain and a rip off.

    • Which is why I'm pleased with moving to a standalone house, and also why I forbade my wife to look at the nearby community title estates when we are house shopping…

      • -5

        What a gentleman. Forbidding your wife. Not a discussion. Just not allowing.

        Do you allow her to drive? Or perhaps your standards will match Saudi Arabia — so driving is allowed next year.

        • +1

          I bet you're great at parties.

        • @0blivion:

          I'm great as parties. My wife goes and gets all the boys beers and then drives us home, whilst also cooking for everyone. Gotta keep a woman in her place…. /s

      • community title estates

        How do you find out where these are in effect? Is there some online register/map, or do you just have to read the contract of sale?

        • +1

          Contract of sale.. But you can normally tell by just driving down the street… Country clubs, perfectly manicured lawns & gardens at every house, same style postbox, etc.

          Of course I'm not saying it's a bad thing, and some friends of mine live in them, and enjoy the benefits.. But coming out of 15 years of unit living, it's a novel thing to park my car in the driveway and not have someone complain about it.

        • @airzone: > Country clubs, perfectly manicured lawns & gardens at every house, same style postbox, etc.

          Sounds like they're outside my price range anyway!

  • Is there a unit above you that you could blame/pass the buck onto?

    • +1

      There are maybe 10 more floors above me, so it could be any of them / common pipes as well. When we first moved in two/three years ago, we had leaking from the bathroom above us, which leaked directly to our bathroom. At that time, we could tell immediately it was the unit above as it leaked when they used the bathtub.

  • +1

    get the by laws and check with the consumer affairs dept in your state. unless bylaws are changed by formal committee process, the strata cannot arbitrarily change rules. the consumer affairs might advise how to treat this legally and remedies you have to take it to arbitration.

    • Thanks. Will check it out.

  • +2

    Normally the body corp will appoint a plumber to investigate the problem.
    If the problem is found to be within the common property of the building such as leaking pipes outside the "boundaries" of the apartment then body corp pays to fix it. i.e inside walls or below floors
    Remember an owner does not own perimeter walls or floors - only the paint,tiles or floor coverings upon them.
    Furthermore owners are not responsible for cavities where pipes and wires are installed nor the pipes thenselves.
    If the problem is within the apartment then the owner pays. This could be a cistern leaking onto the bathroom floor for example. Any pipes that extend from the wall to any fixture such as a vanity are the owners problem. This includes taps and shower heads. For a leaking bathtub depends if the bathtub is an original fixture (body corp) or renovation (owner).
    If its a water proofing issue and everything is still "original" then the body corp pays.
    If however the current or previous owner has carried out a renovation which involved removing and replacing tiles and/or bathtub or shower then its the owners problem.
    Some body corps may have changed by-laws to make certain items the responsibility of the owners. In my case the original tiles on the balcony floor have become an owners responsibility.
    From what OP says it could be either a leaking pipe or a water proofing issue or possibly the a/c.
    RULE OF THUMB: The body corp is responsible unless it can be proven that the owner is responsible. The strata manager can usually provide some helpful information.

  • +2

    I am confident that you are responsible for leaks inside your unit. Ie taps and pipes inside the room. Pipes and taps inside the wall cavity and the common property are body corporate. You do not need a plumber to check for leaking in taps, dishwasher, air conditioning or hot water.
    After you have done that go back to the property manager and advise them no evidence of leaks inside your unit

  • -4

    Story too long bro, but if there's a leak originating in your unit, and you own the unit, then you are responsible. I mean, of course you're f'n responsible as no one else controls your space.

    Owners Corp just deals with problems that originate in property that it owns, and it doesn't own the space in your apartment.

    What do you expect anyway? How'd you like me leaking on you? If you don't deal with it and damage is done elsewhere, whether you're aware of it or not, then you're responsible. This is why you need to get onto it - yes, you pay for the investigation. OC should never have been paying in the past for the 'first hour' - probably why they no longer do it.

    Getting sick of reading about folk trying to get out of their obvious responsibilities…

    RULE OF THUMB: The body corp is responsible unless it can be proven that the owner is responsible.

    Utter rubbish @Amayzingone.
    There is no such presumption.
    However folk always try and hit the OC for things like this in the first instance, and the dummy OCs pay for it. The OP doesn't have a dummy OC.

    • Username checks out! lol

      but if there's a leak originating in your unit, and you own the unit, then you are responsible.

      They're talking about trying to determine the source of the leak. There is no confirmation that the source of the leak is from OP's unit nor is it from another place.

      Should the OP pay for an investigation simply because it COULD BE his fault?

      • If there's a leak, even a small leak, then that can do a lot of damage in the long run.
        I'd pay the money for someone to check it out given another tradie has indicated there may be an issue.

        But you know, they can do what they want - no skin off my nose if they get sued later on for long-term damage.

        • Lol. A tradie has indicated there may be an issue.

          The hospital reception has noted a patient may need medical opinion.

          Diagnostic value = zero.

  • +3

    The water came out of the air conditioning unit … it's probably condensation or a leak in THEIR air-conditioner. Air-conditioning produces water that has to drain somewhere. Since the leak has stopped since the servicing, it was probably their own air-conditioner.

  • +1

    The way to look at this is that whoever is responsible for the leak is responsible for any damages suffered to the unit below. The strata company is quite unwise to be simply referring the matter to you on the basis of a hunch from an aircon technician. If you sit on your hands or drag your feet, resulting in damage to the unit below and its fixtures and furnishings, and the leak turns out to be the strata company's responsibility after all, then of course you and the rest of the owners will have to foot the bill. Your strata company is not being managed well according to your story and you and the rest of the owners should examine that further in the longer term as you do not want to be exposed to these sort of unnecessary liabilities.

    Now, if it turns out to be your responsibility, which seems likely due to the nature of water, then you will be liable for any damages suffered below and, if you have prevaricated over it, you will get no assistance from any insurer.

    The upshot of this is that you should get a plumber in right away to investigate at your cost seeing as the strata company has dropped the ball on this one. If the cause of the leak is your responsibility, you have have acted quickly to mitigate any damages caused below - hopefully none at all! If the cause of the leak is not your responsibility according to the plumber's report, then send the invoice to the strata company - they will need to refund you and take further action on getting it fixed. It is quite possible that the plumber will not be able to find the leak - again, send the invoice to the strata company; in this case, you can expect to perhaps go through the same process when the leak recurs, unless the strata company management has come to their senses by then - in that case, you just need to accept the inconvenience as part of communal ownership.

    Longer term, you need to ensure your strata company is better managed otherwise you will all get sued :-(

  • +1

    Meriton building?

    Feels like it is Air Conditioner condensation.

    • ha ha.. no.. not a Meriton building

  • The plumber.

  • I havent read all the post before this but just in case it helps, I had a similar problem in a townhouse and the leak was coming from the Aircon machine in the roof and would only happen when it rains. It would leak in my upstairs from the Aircon vents. Good luck.

  • Hi all, I'm owner of an unit suffering from leak from upper unit.

    The trouble is once I got water dripping into my room, I immediately reported that to strata manager, but it usually takes more than 3 days to have someone coming for investigation. Once the plumber was on site, he did flood test but it won't be any sign of leaks immediately.
    For the last time, a plumber let the water run for more than 3 hours. But I only saw water dripping on the second day. So I suppose it takes time for water to build up again and turns to leaks.
    Then I report to strata, and have to wait for another several days. When the plumber arrived, the water dried out again.
    So it's vicious cycle just wasting time.

    I made complaint to strata manager, asking if the plumber could have some more high tech equipments like moisture detector. But the answer was NO, she said the only way to track leaks is by flood test.
    I also asked if I could have emergency repairs when the leak occurs. But the answer was also NO, she said if I called urgent repair without her consent, strata won't cover the cost.

    Thanks for reading! Any advice would be very much appreciated!

    • I made complaint to strata manager, asking if the plumber could have some more high tech equipments like moisture detector. But the answer was NO, she said the only way to track leaks is by flood test.

      Makes sense. Moisture detector detects moisture, not where the moisture is coming from. Flood testing is the only way to see if there's a leak.

      And if it's taking 2 days for leaks to show, maybe it's actually coming from elsewhere. Your only choice is to pay for your own plumber to do a very thorough check of the pipes of the owner upstairs (scope?), and getting the upstairs owner and strata permission to do that.

  • -1

    Ask STRATA, it is their job to look into these types of laws and see who pays what.

  • I wouldn't be calling in any plumber unless there are actual signs of water. If it hasn't occurred since the AC was repaired, there is a good chance the problem is gone. Leaks are really hard to fix when there is no water to inspect.

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