Who is responsible for mould in a strata property?
Mould in a strata property can damage household belongings and become more difficult to manage if the underlying dampness is not addressed. Responsibility usually depends on where the problem is located, what caused it and which part of the building needs maintenance.
In Queensland, the Body Corporate and Community Management Act 1997, known as the BCCM Act, applies alongside the relevant regulation module, community management statement and registered plan of subdivision.
The body corporate and lot owners have different maintenance responsibilities. The body corporate must maintain common property in good and structurally sound condition, while a lot owner must maintain their lot. A failure to maintain either area may result in damage to another lot or to common property.
The location of the mould does not automatically determine responsibility. For example, mould on an internal wall may be linked to a roof, pipe, window, shower, ventilation issue or another source. The cause needs to be investigated before responsibility is decided.
How can you work out what caused the mould?
Start by recording where the mould is appearing and whether there are signs of water ingress, staining, leaks or condensation. Take photographs and note when the problem began, whether it becomes worse after rain and whether it is near a bathroom, kitchen, laundry or window.
Possible causes may include:
- a leak from an upper unit or outside the lot
- a plumbing failure
- condensation from showers, cooking or clothes dryers
- closed windows or limited ventilation
- dampness associated with a building defect
- water entering through a roof, balcony, wall or window.
These are possible causes, not proof that an occupant or the body corporate is responsible. A plumber, building professional or other suitably qualified person may need to inspect the area and identify the source.
You should also check the registered survey plan and community management statement. Queensland guidance explains that the plan of subdivision shows the boundaries of the lots and common property, while the regulation module affects the maintenance obligations.
A useful first step is to report the issue in writing to the body corporate manager, committee, landlord or property manager, depending on the circumstances. Include photographs, the location of the mould and any information about leaks or dampness.
For related information, read our guide to managing water leaks in a strata property.
Is the body corporate or lot owner responsible for a leak?
Responsibility may also be affected by exclusive-use areas, service infrastructure, statutory obligations and the terms of the community management statement. The BCCM Act recognises the body corporate’s rights and liabilities in relation to common property. The maintenance outcome still needs to be considered alongside the scheme documents.
If a lot owner fails to maintain their lot and this causes damage to another lot or common property, the owner may be liable. A body corporate may also be liable if it fails to maintain common property and that causes damage to a lot.
Report the leak or suspected defect promptly, avoid accepting responsibility before the cause is confirmed and keep records of all communications.
You can also refer to our body corporate maintenance factsheet for further guidance.
What should tenants and landlords do about mould?
Rental and body corporate responsibilities can overlap. A tenant should notify the property manager or owner as soon as mould or damp appears. If the issue results from a structural problem, the property manager or owner is responsible for necessary repairs. This can include mould caused by a leaking roof.
The property manager or owner is also responsible for issues caused by reasonable use of the property. A tenant may be responsible for repairs if the problem was caused by the tenant’s actions. The RTA gives bathroom steam that was not properly ventilated or cleaned as an example.
Queensland rental properties must meet minimum housing standards throughout the tenancy. These standards include being free from damp and mould, except where the issue has been caused by the tenant.
Where a rental property is in a body corporate, it must comply with both minimum housing standards and body corporate by-laws. Some repairs may be the body corporate’s responsibility.
Tenants can ask the body corporate to maintain common property. They can contact the body corporate manager, onsite manager or a committee member, and should put the request in writing.
What should you do when mould is reported?
A committee or body corporate manager should acknowledge the report, identify the suspected source and decide what inspection or repair is needed. The body corporate should not dismiss a report simply because the mould is inside a lot, particularly where water may be entering from common property or shared infrastructure.
A practical response may include:
- recording the complaint and photographs
- checking previous maintenance reports or meeting minutes
- arranging an inspection where appropriate
- identifying whether urgent work is needed to stop water entry
- notifying the lot owner, tenant or property manager of the next step
- keeping responsibility and repair decisions separate from any later discussion about costs.
Residents should continue reasonable moisture-control measures while an investigation is arranged. Ventilation and cleaning do not replace repairs to leaks, defects or common property.
If a tenant believes the rental property no longer meets minimum housing standards, the tenant must inform the property manager, owner or nominated emergency repair contact. Repairs required to restore compliance are classified as emergency repairs under the RTA guidance.
How can residents help prevent mould?
Residents can reduce moisture by using exhaust fans or opening windows while showering, cooking or using a dryer. Opening windows when practical, allowing natural light into rooms and using a dehumidifier may also help.
These steps can reduce condensation, but they do not establish who caused the mould or resolve a building defect. Residents should report leaks, water ingress and recurring dampness promptly.
Mould can affect clothing, mattresses, furniture and other household items. Move belongings away from damp areas where possible and follow appropriate cleaning or remediation advice for the affected surface. Do not use vinegar or bleach as universal treatments. Seek suitable professional advice where the affected area is extensive or the cause is unclear.
Owners and bodies corporate need to work together where rental standards and body corporate maintenance obligations overlap. Queensland guidance specifically notes that some rental maintenance requirements may involve the body corporate.
For more information, see our guide to new minimum housing standards for Queensland rental properties.
When should a mould problem be escalated?
Escalate the issue when the source cannot be identified, water continues to enter, repairs are not arranged, damage is spreading or the parties disagree about responsibility. Keep the matter factual and make a clear written request for the inspection, repair or decision you need.
If the committee can decide the issue, you may submit a written motion. Under the BCCM Act, the committee must vote within 6 weeks unless it notifies the owner that it needs up to an additional 6 weeks.
Before applying for formal dispute resolution, you must try to resolve the dispute with the other party. This may involve written communication, a committee motion or a motion to a general meeting.
For a community titles scheme dispute, conciliation is normally the compulsory first step after self-resolution has failed. You will need to show that you attempted to resolve the issue before applying.
Mould responsibility depends on the cause, the scheme boundaries and the obligations applying to the lot, common property, owner, tenant and body corporate. If you need help assessing the next step, contact our team at reception@stratacare.com.au.
