Liability for damage caused by faulty waterproof roof membrane

Whether a waterproof roof membrane is a common part is a question of fact.

In Kimberley Assets Management Ltd v Golden Star Overseas Ltd ([2011] HKEC 238) the Lands Tribunal found as a fact that the waterproof membrane underneath the surface of the roof was a common part. The Incorporated Owners were responsible for its repair and maintenance and had failed to discharge this responsibility. The poor state of the membrane had resulted in extensive damage to the flat beneath the roof and the Incorporated Owners were liable accordingly.

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