Claiming against Body Corp.

ajay

^Once punched Jeff Kennett. Don't pick an e-fight
Hi guys, as the title suggests, I'm trying to make a claim against my body corp for reimbursement of funds for some plumbing work. I'm not really sure where I stand with all this, but here is what happened.

I was gardening, took a hatchet to a stubborn weed and in doing so, I ruptured a water main. The water main was at ground level, so the rupture wasn't because I blindly dug down with a shovel til I hit something.
I shut off the main, called a plumber, he fixed it up, I handed over the cash. Done.
The plumber then said that the main should be 300mm underground and that I should take it up with Body Corp / Real Estate agent etc. I checked with a friend who is also a plumber and was given the same advice.

I contacted the estate agent who instantly handballed me to the body corp. I'm a renter by the way. I'm now in initial email contact with the body corp and just clarifying some details about the property etc.

It's only $350 so I'm not willing to go to court or anything like that, but will this be like getting blood from a stone?
 

Flow-Rider

Burner
I would think it's up to the real estate agent to chase it up, being a land lord myself, that's how it has worked in the past. I would hang back and see what happens now that you have started the ball rolling. Check the agreement in your lease or contact a rental authority group in your state.
 

johnny

I'll tells ya!
Staff member
You may have to go as far as threatening legal advice. Just look up the appropriate law, quote it to them and inform them that given the laws are so clear you are willing to have the matter settled in court if need be.

The only question is whether this is the BC's responsibility or the person who was responsible for the plumbing. If the pipe was laid after the orig property was built then it will likely be the BC. What you possibly should have done was called the Real Estate Agent after you turned the mains off rather than paying yourself. Now whoever is responsible will do their best to leave you with the mouthful of poop sanga.
 

treble

Likes Dirt
As far as I am aware, most rental agreements have a clause allowing you to go ahead with emergency repairs under a certain value (usually under a grand) and be automatically reimbursed. I know it says something like that in mine, I'm in Vic though. Regardless, if your water main is buried that close to the surface that weeding can burst it, I would imagine it would need to be fixed. Is it only 300mm it needs to be buried to? That seems pretty shallow still, electrical is no less than 600mm.
 

bear the bear

Is a real bear
You will need to clarify whether it is the actual watermain for the complex or a water tie to the property you are currently renting as there are differences as defined by what memorandum has been adopted by the BC as each state has different guide lines as to what is common property and the responsibility of the BC depending on where you are.
 

Rob_74

Likes Dirt
Yeah i would think you would claim it from your landlord and it be up to landlord to deal with owners corp.
 

ajay

^Once punched Jeff Kennett. Don't pick an e-fight
You may have to go as far as threatening legal advice. Just look up the appropriate law, quote it to them and inform them that given the laws are so clear you are willing to have the matter settled in court if need be.

The only question is whether this is the BC's responsibility or the person who was responsible for the plumbing. If the pipe was laid after the orig property was built then it will likely be the BC. What you possibly should have done was called the Real Estate Agent after you turned the mains off rather than paying yourself. Now whoever is responsible will do their best to leave you with the mouthful of poop sanga.
Alas, it was 6pm on a Sunday night. I had to turn off the mains (to the whole unit complex) so I really had no choice but to call out a plumber on the spot...

You will need to clarify whether it is the actual watermain for the complex or a water tie to the property you are currently renting as there are differences as defined by what memorandum has been adopted by the BC as each state has different guide lines as to what is common property and the responsibility of the BC depending on where you are.
Yep, it's the main that feeds 12 units. Each unit has an individual feed off the main.


I thought that notifying the estate agent, and subsequently the landlord, would've been all I needed to do. Seems strange that as a renter I was referred straight away to BC.

I'll sit tight for the minute and see what the BC comes back with...

Thanks for your replies so far :)
 

Bryce88

Likes Dirt
States vary with their laws but have a look at the standard 'residential tenancy agreement' that is available to download from Fair Tradings website. Emergency repairs are allowed up to $1000 (and include burst water mains) and a Real Estate/Landlord must reimburse within 14 days of receiving written notice. Have a read.

The only thing is the Real Estate may say; you damaged it, you were responsible for repairing it - however if you really think you have a case just call Fair Trading NSW and get their advice.

In my experience body corp are a lot worse than real estates and always try and find loop holes to weasel out of situations. Their focus and responsibility are common areas as well - meaning any plumbing/electrical/general repairs that only affect you and no one else means that they will say it's the owners problem and not theirs.

If it is mains to the entire building (so you affected everyone) then it is a body corp issue. Which I think the real estate should be making the contact with them and not you.

Edit: didn't read above comment - sounds to be body corp problem - I still think the real estate should follow this through, not you. Good luck.
 
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