A Canberra homeowner has alleged that their owners corporation repeatedly ignored expert advice that could have prevented their apartment from being flooded multiple times. The resident, who lives in a unit complex in the inner-north, claims that despite warnings from a building consultant, the body corporate failed to act, leading to significant property damage and emotional distress.
Timeline of Neglect
According to the homeowner, the issues began in early 2022 when heavy rain caused water to seep into the ground-floor apartment. An independent building expert was hired to assess the problem and provided a report recommending specific remedial works, including improving drainage and sealing entry points. However, the owners corporation allegedly did not implement these recommendations.
Subsequent storms in late 2022 and early 2023 resulted in further flooding, with water damaging floors, walls, and personal belongings. The homeowner estimates the total cost of repairs and lost items to be over $50,000. Despite multiple requests, the body corporate is said to have only carried out temporary fixes.
Expert Report Dismissed
The building consultant's report, seen by this publication, stated that the flooding was due to inadequate waterproofing and poor stormwater management. It warned that without comprehensive action, the problem would recur. The homeowner claims that the owners corporation dismissed the report as too expensive, opting instead for cheaper, short-term solutions.
Strata management experts note that under New South Wales strata laws, owners corporations have a duty to maintain common property and ensure the safety of residents. Failure to act on expert advice could be considered a breach of that duty, potentially exposing the body corporate to legal action.
Homeowner's Frustration
The affected resident expressed frustration, saying, "We pay our levies expecting the building to be maintained properly. It's devastating to see our home damaged repeatedly because of inaction." They have now engaged a lawyer to explore legal options, including seeking compensation and an order for the necessary repairs.
Broader Implications
This case highlights a growing issue in strata-titled properties, where disputes between owners and bodies corporate over maintenance responsibilities can escalate. Industry advocates call for clearer regulations and better enforcement to protect homeowners. The owners corporation has not responded to requests for comment.
As the matter heads towards potential litigation, it serves as a cautionary tale for both residents and strata managers about the importance of heeding professional advice to prevent recurring problems and legal consequences.
