A Body Corporate received a complaint about water ingress issues in a bathroom in a particular unit in the development and sought advice about who was responsible for the repairs. 

The Body Corporate assumed it was their responsibility to resolve the issue and commissioned a weather tightness report on the cladding. It transpired that the cause of the leak was a shower leaking in the unit above.

Upon receiving legal advice, the Body Corporate determined that it wasn’t their responsibility to fix as the leak did not relate to a ‘building element’. They were successful in bringing a claim against the owner of the unit with the leaking shower, whose insurer ended up covering the costs of the repairs.

“Who pays” is a common issue with unit title/Body Corporate disputes about maintenance, especially in the case of weathertightness and earthquake strengthening issues. 

We advise on all aspects of unit titled properties or apartments, including for buyers and sellers of such properties.

Our expert property team can give clear advice about the requirements of the applicable law including the rules about disclosure required under the Unit Titles Act and advice about ownership interests and utility interests.

We also advise Body Corporates regarding compliance with the Unit Titles Act 2010 and all issues that arise living in unit titled complexes.

Call us for a relaxed friendly chat on 04 4736 850 or email us at lawyers@raineycollins.co.nz