› Forums › Living in strata › Living in Tasmanian strata › A building wide problem but it’s on privately owned balconies › Current Page
Firstly, you cant use BC funds to repair lot owner property.
I’m looking at Section 119 of the Tas Act and it says this: ”
An owners corporation for a strata scheme may carry out work that is necessary to rectify any of the following defects–
(a) any structural defect in any part of a building comprised in a lot in the scheme that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
(2) An owners corporation may carry out the work at its own expense if the cost of the work cannot be recovered from some other person.
In most cases, the balcony will be providing shelter for the one below, so that might tick the box in 1(a). Then I guess the OC could agree not to pursue the debt too vociferously, activating clause 2.
If there is such a person as a strata lawyer in Tasmania, please make yourself known.
