Have you ever experienced water ingress from a leaking common property roof and felt your Body Corporate was dragging its feet on repairs? This month’s adjudication case might resonate with you.

📌 Case Overview

A lot owner endured years of water ingress into her ceiling, prompting her to lodge an insurance claim. Her insurer warned that if the Body Corporate repaired the damage, but further ingress occurred, future claims might not be covered. The Body Corporate proceeded with ceiling repairs, but after a significant weather event, new leaks emerged. A contractor discovered that the source was failed waterproofing on the balcony of the unit above.

The lot owner then sought adjudicator orders for:
• The Body Corporate to undertake repairs to the balcony of the unit above
• The Body Corporate to undertake further repairs to her master bedroom ceiling and indoor balcony

🧾 Body Corporate’s Response

The Body Corporate presented evidence demonstrating its commitment to resolving the issue thoroughly and responsibly. Key points included:

• ✅ Acceptance of liability for water ingress and consequential damage
• 🔧 A preference for permanent solutions over patch fixes due to repeated failures
• 🌧️ Four separate ingress events over 10 years, two caused by storms
• 🧱 Replacement of the entire back wall of the upper unit, with full re-cladding and sealing as one of the previous steps to fix the water ingress issues
• 🚪 Identification of a new leak at the joint between the balcony sliding door and adjacent tiles
• 🧪 Engagement of builders and plumbers for leak detection and ceiling inspection
• 🧑‍🔬 Active coordination with mould inspectors and leak detection specialists

⚖️ Adjudicator’s Decision

The Adjudicator dismissed the Lot Owner’s application, acknowledging the Body Corporate’s proactive approach. While delays were noted, the Adjudicator emphasized that resolving water ingress can be a complex and time-consuming process. Since the Body Corporate had the matter well in hand, no further orders were deemed necessary.
If you want to read the case in full – here it is: https://classic.austlii.edu.au/au/cases/qld/QBCCMCmr/2025/203.html