It is not disputable that most of the people desire a comfortable home. In Hong Kong, people spend big investments in acquiring units in private multi-storey buildings to be their comfortable homes would expect a quiet enjoyment of the same.
Also, many owners may not aware that when they purchase units in private multi-storey buildings, they also purchase the common parts of the same building. Therefore, owners are not only entitled to the exclusive possession, enjoyment and using of their units, but also jointly own, enjoy and use the common parts of the buildings with other owners of the same buildings. Despite many owners may not aware that they are jointly own common parts with the other owners, they enjoy and use the common parts and facilities of the same building with other owners on a daily basis.
In order to cultivate and encourage the harmonic living environment among all unit owners of private multi-storey buildings and resolve the disputes and building management matters that may arise, all owners, the manager and the developer of the same building are bound by the Deed of Mutual Covenant (“DMC”) that is the private contractual agreement setting out the rights, entitlement and obligations of the parties. In addition to the DMC, the Building Management Ordinance, Cap.344 (“BMO”) was enacted to provide the legal framework for the formation of the Owners’ Corporation to facilitate the better building management.
The major purpose of the respective application and enactment of the DMC and the BMO is to encourage the quiet enjoyment of the private properties of owners by setting out their obligations and responsibilities for the proper maintenance of their units so that no nuisance and/or damages would be resulted or caused to be resulted to other owners of the same building.
“Water Seepage/Leakage” however is one of the common nuisance problems found in private multi-storey buildings. The usual cases of water seepage problem are leakage in the drainage and/or water supply pipes and deterioration of waterproofing of the floor slabs and/or the bathtub facilities from the above or adjacent units. And the leakage of rain water from the rooftop or external wall of the building is the other major and common cause of water seepage.
Water Seepage/Leakage not only causes tremendous annoyance and inconvenience to the affected owners and/or occupiers of other units, but it may cause serious property damages to other units as well as the structure of the building.
Pursuant to the relevant provisions of DMC, BMO and the Waterworks Ordinance, Cap 102 (“WO”), flat owners and the manager are responsible for the maintenance and repair the communal service and facilities inside their flats and the common parts of the building respectively to avoid and/or fix water seepage/leakage problems properly. In such cases, the affected persons may be entitled to claim against the flat owner and the manager respectively for all loss and damage suffered as a result of such water seepage/leakage problems.
We understand the tremendous annoyance and disturbance may be caused to the affected flat owner as a result of water seepage/leakage problem. We also understand the considerate stress and hard time created to the owner of the flat originating the problem. Our team is well experienced in handling the claims and disputes representing the Plaintiffs and/or the Defendants and devoted to protect our clients’ best interests.