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Seeking Advice on Liability for Leaking Windows in an 18th Floor Apartment

Hello everyone,

I am reaching out to the community for some guidance on a pressing issue regarding the leaking windows in my 18th-floor apartment. I would greatly appreciate any advice or insights that you might have on who should be held responsible for the costs associated with these leaks.

Description of the Issue

Currently, I am dealing with two windows that essentially leak and flood whenever it rains—something that’s quite common in Melbourne. Attached to this post, you’ll find some videos showcasing the severity of the leaks during a rainstorm. It’s apparent that the water ingress is likely originating from a defect on the building’s exterior, right above the affected windows, leading to flooding in my unit.

Communication with the Owners Corporation

I’ve raised this issue with the Owners Corporation (OC), but they have maintained that I am liable for the repairs and associated costs. This response has left me feeling quite frustrated, as it seems contradictory to my understanding of liability in shared properties.

My understanding is that the quarterly fees I pay to the OC are intended to cover the maintenance of common property as well as insurance for the building itself. From my review of the Plan of Subdivision, it appears that the area around the windows may indeed be classified as common property. Since the defect is located on the building’s facade and is beyond my reach, I was under the impression that this responsibility would fall to the OC rather than solely on me.

Next Steps and Challenges

In an attempt to address the issue, the OC has directed me to contact the builder, given that the building is still within its 10-year structural warranty period. Unfortunately, my outreach efforts to the builder have gone unanswered, leaving me feeling quite stumped about where to turn next. I’ve already obtained some repair quotes, and they are ranging in the tens of thousands of dollars, largely due to the significant volume of water coming in.

Questions About Liability

At this point, I find myself questioning whether the OC is indeed liable for these repairs. I understand that under the benefit principle in Victoria, the lot owner who stands to benefit most from a repair should shoulder a larger share of the costs. However, it raises the question of the purpose of building insurance if I am expected to cover external issues typically resolved through insurance or other mechanisms. Why should I be responsible for external repairs that seem to fall outside my unit’s boundaries?

The Role of AI Legalese Decoder

In navigating this complex situation, I believe that tools like the AI Legalese Decoder could prove invaluable. This AI-driven platform specializes in breaking down legal jargon into plain language, making it much easier for individuals like myself to understand contractual obligations, insurance policies, and liability issues. By utilizing AI Legalese Decoder, I could clarify the terms laid out in my lease, the shared property arrangement, and the implications of the owner’s corporation’s insurance coverage. This understanding may empower me to better advocate for my rights and responsibilities in this situation.

I appreciate any assistance or insights you might have, and I look forward to your suggestions on how best to approach these issues.

Links to Videos of the Leaks

For those interested, I’ve included links to videos demonstrating the alarming leaks during rainfall: Videos of the leaks in rain.

Thank you in advance for your help!

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