NSW Apartment property damage from neighbour due to failure to attend to water maintenance

[Nighthelyn]

Hi,

Can I sue my neighbour for water damage due to water leak that came from a loose water valve in the kitchen of my neighbour?

I notice water damage on my wall and asked my strata management to inspect. They came back saying the water damage was not from my apartment but from my neighbour. Apparently a stop valve was loose in my neighbour's kitchen and it was not noticed because they were away for a few months, and water has collected under the floorboard. The strata management tightened the valve but said they will not attend repairs as this is a maintenance issue and not building defect.

Any lead is appreciated.

Thank you.

-Nighthelyn

 

[Rob Legat - SBPL]

In a very broad manner:
- The body corporate is possibly right in the sense it is not a building defect because the leak emanated from within a lot - but there may be a factor like excessive pressure or a line problem which may have contributed;
- However, if the leak passed through common property to get to your lot, then the body corporate is somewhat responsible (albeit 'innocently'); and
- It may however be an insurable event, and the terms of whatever insurance everyone has (including the body corporate) should be looked at. I'd also suggest that if it is the body corporate the other owner should be held liable for the excess.

I suggest you read:
- Dealing With Water Damage – Who Is Responsible? - SSKB - Strata Managers | Community Experts
- Strata Plumbing Issue: Who Is Responsible? - Strata Property Maintenance