We refer to Mr Chiu Mung Hing's letter ("In a bind over water leakage"; last Tuesday).
The Building Maintenance and Strata Management Act presumes the defect is within the upper unit when there is water leakage from it into the lower unit, unless there is proof to the contrary.
Therefore, it is prudent for the owner of the upper unit to investigate.
If it is found that the leakage is from the upper unit, the owner should take immediate steps to rectify it.
Under the Act, if the owners of both units are unable to resolve the dispute amicably, the aggrieved party has the option to make an application to the Strata Titles Boards (STB).
The STB is a tribunal providing a less costly alternative where proceedings are not as complex or protracted as in the courts.
The STB Board will make an order based on the evidence and merits of the case, and the order is enforceable in the State Courts.
The STB's application fee of $500 covers two mediation sessions. The mediation and hearings are conducted by industry experts appointed depending on the nature of the case and the required expertise.
The applicant may apply to the STB for the $500 fee to be paid by the other party, and the STB may make an order if it considers this to be justified.
Sylvia Jackson Yap (Ms)
Strata Titles Boards
This article was first published on September 30, 2014.
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