By Julian & Renee (Australia) – with writing support from Alberto Aldana (Colombia)
Recent torrential rains in New South Wales (NSW) have led to repeated water leaks and property defects in strata buildings. In strata living, these issues often cause frustration and disputes affecting both common property and lot owners’ property. Under the Strata Schemes Management Act 2015, the owners corporation has a legal obligation to repair and maintain the common property. This duty is strict and commonly applies to situations where water leaks cause damage to apartments and shared areas.
According to section 106 of the Strata Schemes Management Act 2015, an owners corporation must maintain and repair common property in a good and serviceable condition. This duty cannot be delayed or avoided. If water enters a lot due to defects in common property, the owners corporation must act promptly to address the problem. This responsibility involves not only maintaining the physical property but also carrying out necessary repairs, regardless of whether the defect was caused by the original builder or another third party. The absence of the original builder does not provide a legal excuse for delaying repair works.
For vendors, delays in repairing common property defects can create serious issues during a property sale. If a buyer or their conveyancer identifies signs of water damage, it may lead to disputes or even an attempt to rescind the contract, causing delays and potential legal complications. To reduce these risks, vendors should act proactively and ensure any water leaks are addressed before settlement or even before listing the property for sale.
For buyers, it is reassuring to know that the owners corporation has a legal duty to maintain and repair common property. However, buyers should still check the status of any known repairs during the inspection and due diligence stage. Ongoing water problems may affect both the livability of the apartment and its long-term value. If water leaks caused by common property defects damage a lot, a purchaser may have the right to claim compensation from the owners corporation.
An owners corporation can face serious consequences if it fails to carry out common property repairs in a timely manner. It may become liable for compensation claims resulting from unresolved water leaks. Lot owners may bring claims if water leaks cause damage to their property, including repair costs, loss of rent, or situations where the property becomes temporarily uninhabitable.
Legal cases show that owners corporations can be ordered to carry out repairs if they fail to meet their obligations. Tenants or lot owners may apply to NCAT or the courts for orders requiring the owners corporation to complete repairs or address the defect.
At Flash Conveyancing, we assist clients in navigating the more complex aspects of property law and conveyancing in New South Wales. With extensive experience working with local councils including Blacktown, Hawkesbury, Blue Mountains, The Hills, and Parramatta, we provide a personalised approach to every settlement. Whether you are buying, selling, or investing in property in suburbs such as Acacia Gardens, Stanhope Gardens, Windsor, Kellyville, or Castle Hill, we help ensure that common property issues—such as water leaks—are properly considered during the conveyancing process, helping transactions proceed smoothly while reducing the risk of legal or financial complications.
Our team has a proven track record of working seamlessly with the Blacktown, Hawkesbury, Blue Mountains, The Hills Shire, Hornsby, and Parramatta councils.
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