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water leak
I have an issue where I am on the top floor and it is suspected that my shower is leaking water to the unit below me. Now I will be responsible for fixing their water damage and my shower so it does not leak any further. Please could you confirm this is correct. Also, the tennent is now away and we have not been able to get into the unit to see if this is in fact damage caused from my unit. It will be almost a month until we get to see it. Surely now that the problem can progress and more damage caused due to not fixing asap. Would I still be responsible as How I see it is that I should not be responsible as it is now their fault that they are not treating this as urgent and why should I pay for further damaged caused. Would you know what my rights in this case. Thank you Belinda
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RE: water leak
Fix your leaks a s a p.
Approach the trustees to arrange entrance to the said unit below:
S T Act: Section 44 Duties of owners
(1) An owner shall‐
(a) permit any person authorized in writing by the body corporate, at all reasonable hours
on notice (except in case of emergency, when no notice shall be required), to enter his section
or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purposes of ensuring that the provisions of this Act and the rules are being observed;...
(You may read the remainder in the library section of this forum.)
RE: RE: water leak
Thank you for your reply Gerhard. I will get it fixed asap. I have tried to get in eventhough the tennents aren't there, but the letting agent for that unit has advised they do not have a key for the unit. So I have to wait for the tennent to get back for their holiday. Hopefully in this time the damage has not increased.
Do I have a right to refuse to pay for damages now as it should not be on my bill that the tennents went away without giving permission to anyone to sort out this issue while they were away. The damages could have been prevented to minimul if fixed as soon as the leak was reported. At this time I don't even know if there is a leak.
RE: RE: RE: water leak
Hi, Belinda - IMO you will not fall victim to a claim for damages from the tenants.
Just ensure to leave a paper trail of your preventative measures, signed off by both your BC and the letting agent.
RE: RE: RE: RE: water leak
Thank you Gerhard, much appriciate you assistance.
RE: water leak
Hi Belinda. I am struggling to post a question on this site but my issue is similiar to yours however I have a ground floor unit. The person on top floor also had a leak in their shower however we have burst pipes coming from all directions in the complex affecting 10 units including mine. the insurnace company rejected the claim stating that this was not a sudden occurance but due to poor workmanship over a long period of time. The managing agents Browmann are not taking any responsibility. They claim one of the owners will resubmit the claim which will take another few months. Who is responsible for repairing? This is common property so how can the owners be held liable? Please advised soonest as I have an AGM to attend tomorrow and would like to go prepared
RE: RE: water leak
Hi Lee-Anne,
I actaully don't know and sorry I cannot help legally, but I would assume the if the pipes are in the common property then the insurance of the body corprate will cover these pipes and any damage caused by the burst pipes.
Perhaps get a copy of the body corporate insurance policy and check if it does cover.
RE: RE: water leak
Hi Lee-Anne,
I actaully don't know and sorry I cannot help legally, but I would assume the if the pipes are in the common property then the insurance of the body corprate will cover these pipes and any damage caused by the burst pipes.
Perhaps get a copy of the body corporate insurance policy and check if it does cover.
RE: RE: RE: water leak
Hi, Lee-Anne. If the pipes you refer to are on the common property, it is the BC's responsibility to repair them (except if any of the pipes is part of a unit's hot-water system).
RE: RE: RE: RE: water leak
Thanks Ann. I have an AGM meeting this evening. I have in the meantime requested the report from leak locate to determine where these pipes are and will let you know. One of the unit owners resubmitted the claim and it was rejected again. Does an insurance company have the right to reject the claim? They said these damages were not sudden or unforeseen but due to poor maintenance over several years. We only joined First Propetry Acceptance a year ago. Is the insurance company not obliged to fix this as they took on the risk of the complex when they took over the insurance?
I am also not happy with the Managing Agents Browmann as they do very little and there is no sense of urgency when we report incidents of this nature. Its always left up to the owners to resolve
RE: RE: RE: RE: RE: water leak
Propose that your insurances be dealt with by a reputable intermediary. If your MA is the broker, get rid of them - they register an insurance agency and reap the benefits of a 20% commission on premium, but seldom is a MA empowered to provide you the service you deserve.
NOT to say that you have a valid claim!
RE: RE: RE: RE: RE: RE: water leak
Thanks so much for the wonderful advice!
RE: water leak
Is it not possible to turn off the water to the unit until the tenants return or get a locksmith to open the door for you?
RE: RE: water leak
They turned off stop cock of the unit above me but there are about 10 units affected in this complex and the leak is coming from different areas in the complex. I asked the Managing Agent now if I could look at the report from Leak locate to see which pipes are damaged and where they situated. They told me they dont have the report and its with the insurance co! They said she doesnt think they will give it to them. Doesnt sound right to me. Why not release this info? I feel they hiding something
RE: RE: RE: water leak
Outcome of AGM. There is alot of resistance from M.A to release report from leak locate to determine origin of the leaks. They said report is with insurance company. The guy that submitted report says we need permission from chairperson. Impression i got is either there is still outstanding monies due to leak detect co. or this report may reveal that this burst pipe might be b.c responsibility as it falls under common property. How do i take this further
RE: RE: RE: RE: water leak
Depends on who requested the report - if insurance co, this remains privy with them.
If BC, you are entitled on written request to the Trustees, to inspect. The chairperson has no right to decide on release of the report, however one would expect that the report would have been tabled at trustees meeting, in which instance you might inspect the minutes and resolution.
You do not have to talk to the MA. The MA is a side kick to the trustees, not their spokesperson.
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