Ground floor apartment: Sewage from 3 bed duplex upstairs lodging in my yard.

U

user100

Guest
Hi,

I bought an apartment in 2007. It’s a ground floor apartment, & there is a 3 bed duplex upstairs.

The sewage tank for both apartments is out the back of my apartment under the decking.

There appears to be a problem with the plumbing in the apartment upstairs & as a result the tank under my decking is overflowing & raw sewerage is pouring over my decking out the back. The apartment smells badly & it is really unhygienic.

My question is – is the builder (who is stil in operation) still responsible for this?

Or is it the responsibility of the management company? Or neither?

Would this fall under the Homebond guarantee?
 
start by informing the management company in writing as you are paying them to solve such issues.
they should deal with the builder/homebond/architect on your behalf, if they suggest otherwise ask why you paid them fees;)
 
Homebond are usually only for structural issues and notoriously difficult to get even a returned phone call from.

I suggest you call the managing agent immediately about it and make sure you get a name. Then follow it up in writing by email/post, quoting the details and mentioning who you spoke to.

If nothing happens in a very short timescale (couple of working days), get back on to them, and follow up with the directors of your management company.

Have you called up to your neighbour about it? They may not be aware of the problem. Note if the fault is due to their negligence inside their own place, the management company may be within their rights not to help.
 
Hi User100 -

I feel your pain. Something similar happened in my ground floor apartment last year when a pipe got blocked and the waste backed up - a bit worse as the sewage actually came up inside my apartment.
The managing agent helped with calling out a drain company and getting it repaired (although that took a few weeks). I put an insurance claim in on the block insurance to clean and refit floors etc. So I would start with managing agent to report it and help you place the claim to get it repaired on the insurance. If you are looking for a loss adjustor to represent you I can recommend one - PM me for contact details.
My problem was caused by an issue in piping outside my apartment so it was responsibility of the Management Company. Hopefully you are paying for some kind of external block insurance that will cover yours too.
Long term, I think the MC is your best bet to fix the problem and not just clean it up. They have to help, you are part of it and this type of thing has to be sorted out. They might try and pursue the builder if he didnt do a good enough job on it.

Best of luck with it.
 
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