Sewerage Works Invoice Who Pays Body Corp or Lot Owner Responsibility?

stephd on 02/07/2017 - 12:43
Last edited 02/07/2017 - 13:23 by 1 other user

Hi,

I need a brain bigger than mine with knowledge of Body Corporate and how things work in relation to sewerage pipes.

It all started when the Onsite Managers turned off the water in the complex without notification so I called to check if there was an issue and ask when the water would be turned back on. In that conversation I casually asked if it had anything to do with a faint sewerage smell I could smell that day and the day before. She said it shouldn't be and to put bi carb & vinegar down the drain but i didn't think it was coming from the drain.

A month later as I am entering the complex in my vehicle, I get told that a plumber has been appointed by the onsite managers and is having a look to find out if there is a blockage and if it is on Body Corporate land or on my Lot. The onsite manager also states that when he initially inspected the site there seemed to be a pipe that had burst and sewerage was leaking from it.

I did not authorise any work to be conducted and did not appoint the plumber to do any work so why am I being sent the bill? Isn't this something that should be presented to the body corporate committee and paid by the Body Corporate for the initial investigation? If it is in fact the responsibility of a lot owner, then the lot owner be given access to the reports and evidence so I can appoint my own plumber and authorise any work required. They are not my property managers so why are they taking it up themselves?

Can anyone please, please tell me how to go about rectifying this and the steps to take. I always pay my bills ahead of time including my body corporate bills and I don't want not paying this bill to reflect on me in the future for work I did not authorise or know about at the time it was conducted.

Thank you for any advice in advance.

• 

  bdl on 02/07/2017 - 14:08

  +2

  Emergency plumbing/sewerage works don't need to be authorised by all lot owners, they can be conducted ASAP to resolve whatever issue has occurred. If there was a burst pipe with sewage leaking then that's classified as emergency, preventative maintenance on common sewerage lines or a leaking tap on the other hand you would put to owners' committee with quotes, etc.

  This is for VIC.

• 

  jeffr on 02/07/2017 - 14:12

  +1

  Firstly it depends which state you live in. Qld recently changed the group title plan to SFP and that raises a whole bunch of new challenges for owners.

  Generally speaking - "common" drainage structures or property (that is, it is used by all properties) are managed by the body corporate and is paid for via the levies for the maintenance fund. In this case it would be the maintenance fund (different states may use different terminology) if the works related to common property. A common sewer line or drainage line in which all individual properties join into and which is located on common property is to be maintained by the body corporate.

  As an owner you are responsible for work within your property including rectification of a blocked drain. It is usual if a body corporate engages a plumber that they are briefed and advised to identify the problem and if the problem is within an owner's property, to liaise with that owner (which also means providing a quote to the owner, arranging a time to access the property etc).

  Like all legal things involving legislation, it requires some interpretation.

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  garetz on 02/07/2017 - 14:45

  +2

  Anything on common property is the responsibility of the body corporate. If there is an emergency, they are within their rights to fix it asap, however it shouldn't be at your cost, it should be the body corporate who is responsible for any maintenance or damage on common property.

  I would refuse to pay it, and ask them to prove it is your responsibility. If the pipes are within your unit however, and not outside the building, that might mean you are responsible for it.

  I would get a copy of your body corp bylaws asap, and have a look what that sais. Then go and see a solicitor.

  • 

    bdl on 02/07/2017 - 15:48

    -1

    Anything on common property is the responsibility of the body corporate. If there is an emergency, they are within their rights to fix it asap, however it shouldn't be at your cost, it should be the body corporate who is
    responsible for any maintenance or damage on common property.

    erm.. it "is" your cost when the you pay your body corporate fees and the body corporate then uses those funds to pay for the repairs. If there's not enough funds in the kitty then a special levy will have to be raised.

    You will not pay for the whole amount of the repair (since it's shared between all lot owners), but you will pay a proportion of it depending on the size of your lot.

    • 

      garetz on 02/07/2017 - 17:30

      +2

      Obviously, there is a big difference between you baring the sole financial cost of repairs, vs it being split up by all the owners by the body corporate. It was so obvious, that i didnt think it needed mentioning.