LEAK FROM UPSTAIRS

[Werther]

Hi

My unit has a leak in the toilet but has been rectified by the owner upstairs except they did not paint or make good the stain in the ceiling. Who is suppose to do this? The upstairs owner refused to do anything more as they have done fixed the leak and that's it.

anyone know where I can get this 'by-law' from to prove that they are still liable to make good the ceiling.

Thanks

[buttercarp]

Hi

My unit has a leak in the toilet but has been rectified by the owner upstairs except they did not paint or make good the stain in the ceiling. Who is suppose to do this? The upstairs owner refused to do anything more as they have done fixed the leak and that's it.

anyone know where I can get this 'by-law' from to prove that they are still liable to make good the ceiling.

Thanks

Hi, you live in a condo, right?
Get your management to write to the upstairs owner.
They are supposed to rectify the leak (which has been done already), and they must also pay for the damage done to your unit.
Why they so cheapskate?
Just stain on your ceiling won't cost very much to touch up.
At most $150 to $200 only.


www.bca.gov.sg/bmsm/others/strata_living.pdf (http://www.bca.gov.sg/bmsm/others/strata_living.pdf)

See Page 7

Inter-floor leaks
If there is an inter-floor leak, you and your neighbour are required to jointly carry

out an investigation to establish the cause of the leak and proceed with the repair

works. You should also both resolve the cost of repair. In cases like this, it is presumed

that the leak has originated from the upper floor unit unless the owner can

prove otherwise. Therefore, the owner of the upper floor unit cannot claim that

the leak has not originated from a defect in his unit. He has to jointly investigate

the cause with his lower-floor neighbour and proceed with any repairs required.

[Ringo33]

Hi, you live in a condo, right?
Get your management to write to the upstairs owner.
They are supposed to rectify the leak (which has been done already), and they must also pay for the damage done to your unit.
Why they so cheapskate?
Just stain on your ceiling won't cost very much to touch up.
At most $150 to $200 only.


www.bca.gov.sg/bmsm/others/strata_living.pdf (http://www.bca.gov.sg/bmsm/others/strata_living.pdf)

See Page 7

Inter-floor leaks
If there is an inter-floor leak, you and your neighbour are required to jointly carry

out an investigation to establish the cause of the leak and proceed with the repair

works. You should also both resolve the cost of repair. In cases like this, it is presumed

that the leak has originated from the upper floor unit unless the owner can

prove otherwise. Therefore, the owner of the upper floor unit cannot claim that

the leak has not originated from a defect in his unit. He has to jointly investigate

the cause with his lower-floor neighbour and proceed with any repairs required.


there was no mentioned that the upper floor must pay for the cost of repair.


You should also both resolve the cost of repair

[buttercarp]

there was no mentioned that the upper floor must pay for the cost of repair.



"You should also both resolve the cost of repair. In cases like this, it is presumed

that the leak has originated from the upper floor unit unless the owner can

prove otherwise."

If the upper unit can proof that the lower unit has caused the leak, then the lower unit has to pay.
But it is presumed that the leak originated from the upper floor, so the upper unit has to pay.

[flagship74]

What can they do if the upper floor refused to pat for the repair?:confused:

[Werther]

Thanks buttercarp.

But upstairs owner claimed already fixed the leak, don't want to do anymore like touch up ceiling. How?

Do u know where I can find it in black and white stating touching is also part of their responsibility.

Thanks for yr help.

[Ringo33]

"You should also both resolve the cost of repair. In cases like this, it is presumed

that the leak has originated from the upper floor unit unless the owner can

prove otherwise."

If the upper unit can proof that the lower unit has caused the leak, then the lower unit has to pay.
But it is presumed that the leak originated from the upper floor, so the upper unit has to pay.
yes the upper floor has fixed the leak which doesnt affect him. So do you expect the upper floor to come down to repaint the whole unit if assuming the fresh paint has got a different color shade (because its new)

for such case, best is give and take, dont need to insist etc.

[flagship74]

usually i will sell the unit away immediately:cheers4:

[buttercarp]

https://docs.google.com/viewer?a=v&q=cache:AAD-0OtByYkJ:www.mnd.gov.sg/stb/judgment/archive/2004/STB_33_of_2004_-_The_Waterside_(6_Aug_2005).pdf+Strata+Titles+Board+made+a+landmark+ruling+stipulating+that+owners+of+upper+floor+units+have+to+foot+the+entire+repair+cost+when+water+leaks+through+their+floors+because+of+wear+and+tear.&hl=en&gl=sg&pid=bl&srcid=ADGEEShbVXqKSCpbtT0VKYZ_1NwL5DOmkBhap15clymNWYsxPNLj1KPECm8XzIAbU9VG3tymd5AQaiGqvvjk36RUL_38lBbQ3pQ9RbxvfwLTBCFWJ8I0v7NEXa1aw_qntDO4qT7-aceC&sig=AHIEtbRTE5KQCH55MnLXUoAHDsRky0w-GA

In 2005, the Strata Titles Board made a landmark ruling stipulating that owners of upper floor units have to foot the entire repair cost when water leaks through their floors because of wear and tear.

Werther the above may be helpful.
Also, get your management to write to them.

[buttercarp]

If really cannot solve the matter, then you will have to refer to the Strata Titles Board. But I think there is a fee of $500 for the matter.

http://www.mnd.gov.sg/stb/faq.html

See Q6.

Ringo may be right.
The upper unit rectify the leak, but it did not say they must rectify your unit.
But just for a few dollars, and cause so much unhappiness and tension, why can't they just do it and both of you can live in peace.

[Werther]

Hi buttercarp

You are fast! Thank you for attachment, will read thr tomorrow's cos my eyes closing soon.

Good night!

[Shanhz]

when my unit leaked onto the one below, i got an old uncle to clear the leak and he did swee swee job to repaint the ceiling below.

however, personally if it's just the painting job, i will leave it lah. DIY lor, not very difficult. no point getting upset if 95% of the prob resolved.

[chiaberry]

Agree. The most important is to ensure that upstairs contractor has fixed the problem and that there is no more leak. I wouldn't mind spending money to repair my own unit ceiling once that has been done.

[buttercarp]

Actually, since the leak is caused by the upper unit and it resulted in damage to the ceiling, the upper unit has the responsibility to rectify the damage done.
Of course the lower unit should not demand that the upper unit paint the whole ceiling so that the shade will be the same.

[zzz1]

when my unit leaked onto the one below, i got an old uncle to clear the leak and he did swee swee job to repaint the ceiling below.

however, personally if it's just the painting job, i will leave it lah. DIY lor, not very difficult. no point getting upset if 95% of the prob resolved.
Depend on what is being leak out.. If is just grey water meaning from shower still not too bad. If the source is the black water meaning the sewerage water, is better to renew the section of the ceiling.. Cos the smell will never go away...

And the black colour marking , if you inspect from the hatch cover, trust me , you hope you don see it

[sh]

You should be grateful that the unit above repaired his leak without much problems.

I had experience with leak from bath above, the owner above starting denying responsibility, saying leak is from unit above his, or external wall. Took a long time to resolve, and the leak is indeed from unit above...

Count your blessings and move on....

[zzz1]

You should be grateful that the unit above repaired his leak without much problems.

I had experience with leak from bath above, the owner above starting denying responsibility, saying leak is from unit above his, or external wall. Took a long time to resolve, and the leak is indeed from unit above...

Count your blessings and move on....
Unit above his??? Whahahaa...:D :D :D
What a excuse they can derive ..lol