NSW Q&A: Who Is Responsible for Tile Replacement In My Lot?

Question: For the past 10 years, I have been sticking down loose and drumming tiles in my bathroom. I now feel the time has come to renovate my bathroom, laundry and toilet which all have damaged and or broken tiles.

Should the body corporate pay for the removal of the old tiles and waterproof and laying of new floor tiles also one tile up to all rooms and allow me to pay the remaining cost of the bathroom renovation?

Answer: Generally speaking (and subject to the by-laws applicable to your scheme, any special resolutions divesting the Owners Corporation of responsibility for tiles/waterproofing and any notations on the strata plan) such tiles/and waterproofing and depending on the location of wall tiles, are common property.  Therefore, they are the responsibility of the Owners Corporation to repair and maintain.

The difficulty is that the Owners Corporation may not be responsible to fully replace all the tiles and is strictly speaking only responsible to fix the defective ones (unless a close match is unavailable in which case all the tiles must be replaced).

You should approach your strata manager who may be able give you guidance on how to best approach the issues, as the Owners Corporation might agree to contribute to your works and once a by-law is passed for your renovations, you will have the ongoing responsibility for repair and maintenance of all parts of your bathroom etc.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.