Top 5 Popular FAQ about Inter Floor Leakage in Strata Management
Inter Floor Leakage FAQ
The Strata Management (Maintenance and Management) Regulations 2015 (“SMR”) recognizes the problems associated with inter floor leakage and provides for it systematically by laying out specific obligations, procedures and timelines for the relevant parties. Here are the most popular frequently asked questions.
I just moved in to my new Condominium. What can I do about the water leaking from my ceiling?
If your parcel is still within the defect liability period set forth in your Sales & Purchase agreement with the developer, you may send a notice to the developer requesting that the repair work for inter floor leakage to be completed.
If your parcel is not within the defect liability period, you can notify your JMC or MC office of the leaking problem. The management shall carry out the inspection within 7 days of receiving your written notification. They shall identify the cause and who is responsible for this leak. The management will issue an inspection certificate (Form 28) within 5 business days after the inspection is completed. The person responsible must fix the inter floor leakage within 7 days of receiving the Certificate of Inspection.
Who should to pay for the cost of repairing water leaking from my ceiling?
It is a legal presumption that the property owner of the upper floor must be responsible for the water leakage entering the ceiling of the unit below, unless the owner of the upper floor can prove it otherwise. This is one of the common inter floor leakage problem.
Who has the right of access to the affected parcel?
The party responsible for carrying out the inspection or the rectification works is conferred a right of access to the affected parcel on 7 days written notice being served. The party failing or refusing to grant such access commits an offence. In cases of “emergencies”, where the possibility of flooding or danger to life or property resulting from the leakage is materially increased, the requirement to serve 7 days written notice for access is waived.
The Management confirmed that my ceiling leak was caused by the unit upstairs, but the owner refused to fix the inter floor leakage. What can I do?
You can ask the management to repair the inter floor leakage and get a refund of the cost and expenses from the owner of the unit on the upper floor that is responsible. If the owner of the upper floor refuses to reimburse these costs, you may file to civil court to claim the costs or refer the matter to the Strata Management Tribunal.
What are the consequences of non-compliance to Strata Management (Maintenance and Management) Regulations 2015?
The failure of the responsible party to grant access to the affected parcel to the Management to carry out the inspection commits an offence and shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 3 years or to both.
The failure of the responsible party to rectify the defect may also constitute negligence entitling the affected owner to commence a civil proceeding in court against it for remedies such as damages.
Conclusion
In conclusion, inter floor leakage aren’t just a problem for individual parcel owners. It also needs to be address by the building manager or management body. Regular preventive maintenance schedule should be adopted to minimize the potential damage and deterioration of the strata property.
You may want to download the copies of Strata Management (Maintenance and Management) Regulations (SMR) 2015 for your reference
