NSW: Q&A Common Property Defects and Reimbursement for Repairs
Question: Fire updates within our complex led to the installation of a box cover over my bathroom vent which caused massive problems with mould in the bathroom. How can I get this fixed?
I finished renovating my unit last year. Not long after we had fire updates done throughout the complex. This led to the installation of a box cover over my bathroom vent.
This has caused massive problems with mould as there is no ventilation in the bathroom except the window. I complained to my owners corporation and they said they would address the issue later but the job had to be completed first.
Answer: The Owners Corporation should rectify the reduced ventilation in your bathroom.
While the Owners Corporation may have had a duty to implement a fire upgrade, in doing so, it appears they may have caused a defect in the common property i.e. through the obstruction of your vent. In our view, the Owners Corporation should rectify the reduced ventilation in your bathroom, whether by way of the installation of an exhaust fan or otherwise – noting that the Owners Corporation may be held liable for compensation in case of breach of their statutory duties to properly repair and maintain the common property.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
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