Is a strata body corporate responsible to waterproof a
Strata apartment and villa owners love the fact that
the strata body corporate (the owners corporation) is
responsible for maintenance and repair of the building, not
But when it comes to repairs being required for water
entry into their apartment, some strata owners receive a
rude shock - the body corporate refuses to carry out the
A body corporate can have their reasons to refuse,
such as the leak is not coming through a boundary wall or
ceiling or the owner has caused the leak.
What this means is that the owner either puts up with
waterlogged carpets and stained and warping floor boards or
goes to the Tribunal and asks it to make an order requiring
the body corporate to carry out the waterproofing repair at
the body corporate's cost.
This is the situation that the owner of the villa
pictured found herself in.
Water leaked through the balcony doors separating the
bedroom from the balcony. The body corporate refused to
repair the doors (to waterproof the sill) arguing (1) that
the boundary doors were not its responsibility because they
were not a 'boundary wall' and (2) that the owner had caused
the doors to leak when they replaced the timber decking.
In this case, the owner won, and the body corporate
was ordered to carry out the waterproofing repairs.
For a full case note on the Tribunal's decision
my article Who pays for the repairs if water leaks through a
balcony door (which is closed) into a strata property?