Property/Body Corp Rights and Who Is Liable

knobbs on 04/12/2017 - 22:20

Hi Ozb,

Just after some advice on where to go from here (if anywhere). We bought this townhouse in March and apart from the Body Corp being ridiculously slow it has been pretty good. Our one issue has been some water leakage into the garage. Before we bought the place we went through all the BC meeting minutes and things and found a 'water ingress' issue and that it had been fixed. Little to our knowledge no it certainly hadn't. So over the coming months the storms and rain brought a nice surprise to our garage, a new wading pool!

So after pestering the BC for months on end with no replies, I finally got one and the ball started to roll on how to fix the issue. We had several people out to quote the job (all of them just wanted to replace the back wall/put in some weather proofing between it and the neighbor's driveway. No response from them for a few more months after several follow ups till I finally get a call from the builder the BC use for everything. He continues to tell me he has been out to check it in the years gone by and has put it down to the neighours pipes through their driveway. He says they are all cracked and such so that the water seeps out of them and gets stuck between their driveway and the garage wall. Then has no where to go and so as you can see in the below videos dribbles out into the garage to get trapped.

The builder has said that some 'dodgy' approvals went ahead for the neighbours site and it should of have never been approved in the 1st place, let alone their building standards. So he is starting to paint the picture it's all the fault of the neighbours driveway/pipes. He told me it would cost about $80k to rip it all up and relay with pipes fixed, which is a crazy price to fix our wading pool issues. He told us that even if we waterproof the garage walls the water will spill out into the narrow back section we have and then seep under the back door.

He has told me he has been over there with cameras down the pipes to check it all out and has even put down some filler in the cracks in the driveway to try and help the issue.

https://www.youtube.com/watch?v=GeQixqTLtIc

https://www.youtube.com/watch?v=coZ6ruumr5U

What are my options, what can I do if anything?
Do we just have to suck it up?
Do you think getting the garage wall waterproofed would just push the water down towards our backdoor?

Please help almighty (internet) property lawyers.

Home & Garden

Comments

  • bobbified on 04/12/2017 - 22:32
    +4

    The builder has said that some 'dodgy' approvals went ahead for the neighbours site…
    So he is starting to paint the picture it's all the fault of the neighbours driveway/pipes.

    Unfortunately, from what you've described so far, it doesn't sound like this is going to go anywhere if you continue with your BC and their "builder".

    You may need to bite the bullet and get (which means, pay for) an independent plumber's report rather than rely on the old builder's words. This builder might, as you say, have the BC's interests in mind and simply blaming the neighbour for all your problems.

    Once you find out the true source of your free mini pool, you can either choose to take action against your neighbour or the BC, if you think it's worth the trouble.

    • knobbs on 04/12/2017 - 22:42

      For instance if I get a new builder and they deem it is the neighbor's pipes under the driveway that is causing the issue, is it then a matter for their BC? Unless they have some way of claiming insurance or something for it I can't see them replacing the driveway for $80k. There would not be much point in proceeding then?

      • bobbified on 05/12/2017 - 09:20

        The responsibility for it lies with the source of the water. If it's from your neighbours house, then they're responsible. If the water is from common property, then the BC is responsible.

        Hence the need for a more definitive independent assessment/report.

        If it really is your neighbours, a good BC would assist you and your neighbour in getting the problem rectified - even if they just take a facilitation role (rather than financial).

        You're in a bit of a difficult situation and will need to weigh up whether the problem is big enough for you to want to pursue it - it'll be a long rocky road.

        Like you said, the alternative might be to physically seal your garage so that the water hits the seals and runs off elsewhere other than into your garage.

        • knobbs on 05/12/2017 - 09:23

          Thanks for clearing that up. Not sure if I explained it correctly but the neighbor I refer to is run by a BC as well, it is a block of flats. So I assume they have a BC as well.

        • bobbified on 05/12/2017 - 12:23
          +2

          @knobbs:

          it is a block of flats. So I assume they have a BC as well.

          That might be a bit more difficult because the other BC is likely to put up a fight or drag their feet. It's not impossible win, but it's likely to be a long and drawn out process.

          Honestly, I think your better option is to just seal your garage so the water runs elsewhere.

  • HighAndDry on 04/12/2017 - 23:19
    +1

    Well, certainly before you splash out 80k for substantial repairs, it might be smarter to first invest 2-3k in a second opinion from a licenced plumber/builder.

    • knobbs on 05/12/2017 - 07:18

      I wouldn't be paying 80k for the repairs if it's the neighbours units driveway. I was referring to their body corporate

      • HighAndDry on 05/12/2017 - 12:19

        That… would need your body corporate to sue the neighbouring body corporate. Which would require you to convince your body corporate to do so. I mean, sure it's possible but it'd be a fairly long and expensive process.

  • Ryanek on 04/12/2017 - 23:26

    Just to confirm, is the building older than 7 years? Otherwise as you may know the builder is liable for any major defects.

    • knobbs on 05/12/2017 - 07:18

      Yes building is over 7 years old :(

      • Ryanek on 05/12/2017 - 10:57

        Perhaps invest in a pump for the short term :|

  • Quantumcat on 05/12/2017 - 07:00

    I have a similar issue (except it is a drainage pipe in the backyard that seems to be blocked) but haven't been to strata about it yet. I'll be interested to see how yours turns out!

    • knobbs on 05/12/2017 - 07:19
      +2

      If your BC is anything like mine you better get started now for a result end of next year

  • SnoozeAndLose on 05/12/2017 - 12:02

    All the building should built as per the Building code Australia and overthought it get approval from council , they still need to follow.

    The builder may want to drag out to exhaust the warranty and the BC is out of their own pocket which it will be end up in your strata bill.

    I suggest you pay for or request the BC to hire a independent expert to look at this issue.

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