Reply To: OC refuse to take full responsibility for balcony repair

Step 1: Verify on the plans of the strata that the balcony is clearly marked as “common property” ie with thick black lines;   

I think it has been verified as common property as they said the debris been left with wet weather on the balcony top is a significant contributing factor to the current issues. 

Step 2: If you find it is “common property”, then

(a) List all the problems you see with the concrete (render falling apart, paint peeling etc);   

Render falling apart was mentioned in my initially request but not the paint peeling.

(b) Take as many photos as you can;

Attached photos with the issue in my initially request

(c) Write a history of when you first saw the problem(s) and what you did about them;

I have only found out 2 weeks ago and sent them the request straight away. The first email they said they need to go thru the old copy of the strata plan as they mentioned something like the building is built 1965, Pre 1974 schemes

(d) Record what if anything the OC did when you approached them on the matter

OC tried to put the blame on me by not having regular maintenance and water proofing coating which is the cause of the damages

Step 3: Call NSW Fair Trading on 13 32 20

(a) Tell them of the problem(s) and what you have done to address them;

(b) Ask what sections of the Strata Act you can rely on to compel the OC to do its job;

(c) Apply for Strata Mediation (a free service offered by NSW Fair Trading) between you and the OC where a Mediator attempts to arrive at an agreement between the parties. It is voluntary for the OC  to attend and any agreement is not binding but Mediation is needed to have been undertaken (successful or not) before you can apply to NCAT (the Tribunal). Mediation can be applied for online and takes under 10 mins to do.