Unit owner loses tribunal fight over leak repairs
ACT tribunal dismissed the Mawson owner's claim that the body corporation should pay for water damage repairs from an upstairs leak.
A Mawson unit owner discovered water damage to her ceiling during kitchen renovations in April 2024. The damage came from a leak in the apartment above.
A bathroom pipe was not properly threaded. The repair quote was $7339, but her building's insurance policy had a $10,000 excess, so the claim was rejected.
The owner took the matter to the ACT Civil and Administrative Tribunal. She argued the body corporation was liable because the leak had damaged the concrete slab between the units.
On Tuesday, the tribunal dismissed most of her application. The presidential member found the bathroom pipe was solely for the upstairs unit's benefit, not common property.
The tribunal did order the body corporation to pay for testing of the slab's moisture levels. It said any repair work needed to the slab itself would then be the body corporation's responsibility.
- $7339
- Repair quote
- $10,000
- Insurance excess
- April 2024
- Discovery date
- October 27
- Decision date
Why it mattersApartment owners facing damage from neighbours' leaks may struggle to get the body corporation to pay if the repair cost falls below the insurance excess.
AustraliaThe decision clarifies responsibilities between unit owners and body corporations under ACT law when water damage crosses unit boundaries, with potential cost implications for Canberra apartment residents.
✓ Claims checked against the source and corrected before publish. checked 2 h ago
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