Condominium property guide
If a common-property pipe leaks into a condominium unit, who is responsible?
What should an owner do when water from common property damages a private unit?
Book a Free Initial ConsultationWhat should an owner do when water from common property damages a private unit?
Responsibility depends on where the defect is located, who must maintain that part of the building, what caused the leak and what loss followed. An MCST generally has statutory duties concerning common property, but liability for an owner’s loss still requires evidence. The source should be investigated and urgent mitigation documented before positions harden.
What should happen first
Evidence and decisions to organise
- Stop or contain the water where it is safe to do so and notify the managing agent promptly.
- Record the affected areas, dates, communications and condition before repairs conceal the cause.
- Arrange an appropriate inspection and preserve invoices, reports and damaged items.
Who this guide is for
Situations requiring a structured assessment
The MCST, managing agent, contractor and insurer disagree about the source or responsibility.
Repeated leaks have damaged finishes, furniture, equipment or rental use.
An owner needs repair access, reimbursement or a formal route to resolve the dispute.
Practical analysis
Start with the source, the maintenance duty and the loss
A visible stain inside a unit does not by itself identify the legal source of the problem. Water may travel from a pipe, roof, facade, waterproofing system, neighbouring lot or renovation. A technical inspection can be central to distinguishing common property from an item serving only one lot.
Under the Building Maintenance and Strata Management Act 2004, an MCST has duties to control, manage and administer common property for the benefit of subsidiary proprietors and to properly maintain and keep it in good and serviceable repair. The Act also addresses pipes and ducts that serve more than one lot or the common property.
A repair duty and a damages claim are related questions, but they are not identical. A claimant may still need to establish breach, causation and the amount of recoverable loss. Notice, response time, reasonable mitigation, expert evidence, insurance and any contractor involvement may affect the analysis.
Records to assemble
- Date-stamped photographs and video showing the leak and the progression of damage.
- The strata plan and information identifying the pipe, duct, wall, roof or facade involved.
- Managing-agent reports, plumber or engineer findings and moisture readings.
- Emails, messages, incident reports and records of prior complaints or repairs.
- Repair quotations, paid invoices, damaged-property evidence and insurance correspondence.
- Records of reasonable steps taken to prevent the damage from worsening.
Practical routes
How the matter may move forward
Contain and notify
Address immediate safety and water ingress, then give clear written notice.
Identify the source
Use the strata information and an appropriate technical inspection.
Assess duty and loss
Separate the repair obligation from any claim for consequential loss.
Choose the next route
Consider insurer engagement, negotiation, statutory remedies or proceedings.
Frequently asked questions
Is a pipe automatically common property?
No. The strata plan, location and whom the pipe serves may be relevant. Pipes serving two or more lots or common property are specifically addressed by the statutory framework.
Should repairs begin before an expert inspects the damage?
Urgent mitigation should not be delayed where safety or further damage is at stake. Where practicable, document the condition and preserve technical evidence before permanent repairs change it.
Does the MCST have to pay for everything damaged inside the unit?
That does not follow automatically from the existence of a common-property defect. Liability for the claimed loss may depend on breach, causation, reasonableness, mitigation and proof of value.
Can insurance resolve the matter?
The owner’s, MCST’s or contractor’s insurance may respond depending on the policy and cause. Notify the relevant insurers promptly and avoid assuming that coverage determines legal responsibility.
What if the leak keeps recurring?
If the problem recurs, note the date of each incident, report and attempted repair where you can. Recurrence may make technical causation and the adequacy of prior repair work especially important.