Periods of heavy or prolonged rain can quickly become a nightmare for strata managers. Managing multiple buildings with water ingress problems often means juggling urgent repairs, frustrated owners and, in some cases, Tribunal applications.
Water ingress is one of the most common and complex issues in strata law. The source of the leak can be challenging to diagnose, and in many cases, specialist experts are required to identify the cause and diagnose the solution. Yet, even when the technical cause is clear, the legal question of who is responsible for repairs can be far from straightforward.
Who is Responsible for Repairs Under Strata Law?
Under section 106 of the Strata Schemes Management Act 2015 (NSW), an owners corporation has a strict duty to repair and maintain the common property. In many cases, this makes the owners corporation liable for water ingress repairs. But what happens when the situation is less clear? Owners corporations often face scenarios such as:
- Internal Property Leaks – for example, the pipe under the kitchen sink floods the unit.
- Negligence By Another Owner – such as an upstairs bath left running, flooding the unit below.
- Unauthorised Works – where an owner’s DIY renovations have caused the water ingress.
- By-Laws Shifting Responsibility – if a registered by-law transfers repair obligations to a particular owner.
- Access Refusal – when an owner or tenant refuses entry for inspections or repairs.
- Defects Claims – where the original builder failed to properly waterproof, and a building defects claim is already underway.
- Extreme Weather – where balcony doors or windows comply with Australian Standards but still allow water in during storms.
Each of these situations has different legal consequences. Understanding the framework of liability is critical to managing disputes and avoiding unnecessary Tribunal proceedings.
Why Strata Managers & Owners Corporations Need to Act Quickly
Water ingress disputes can escalate rapidly. Delays in identifying responsibility or commencing repairs often increase the damage and strain relationships within the building. Strata managers and owners corporations who take swift, informed action can minimise financial exposure for the owners corporation, reduce the likelihood of costly NCAT applications, maintain trust with lot owners by showing proactive management and avoid breaches of statutory duties under the Strata Schemes Management Act 2015 (NSW).
How Madison Marcus Can Help
At Madison Marcus, our strata law team works closely with strata managers and owners corporations across NSW to resolve water ingress disputes efficiently. We regularly advise on determining liability between owners and the owners corporation, enforcing by-laws and managing unauthorised works, acting in Tribunal proceedings, assisting with dispute resolution and working closely with experts.
We understand the pressure water ingress disputes create for both strata managers and owners corporations. As a result, we provide practical, legally sound solutions that help protect both the strata manager, the owners corporation and its lot owners.
Key Takeaway
When the rain starts to fall, water ingress disputes don’t have to drown you in legal complexity. Having clear processes and expert legal support can make all the difference. Need advice on a current or potential strata dispute? Contact the Madison Marcus Strata Division today to resolve water ingress issues before they escalate.
MM Website Enquiry Form
Form used to capture all MM website enquires. Will be used in Monday and Mailchimp via Zapier
"*" indicates required fields
This article is provided for general informational purposes only and does not constitute legal advice. While every effort is made to ensure the accuracy of the information provided, Madison Marcus Law Firm makes no representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content. Readers are advised to seek professional legal advice tailored to their specific circumstances before taking any action based on this information. Madison Marcus Law Firm accepts no liability for any loss or damage incurred as a result of reliance on the information presented herein.
