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Our Strata are replacing the balcony balustrades as well as waterproofing the balconies, however one owner/resident is objecting. What steps can we take to overcome this. (NSW)
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One owner’s objection does not, by itself, settle whether the work can proceed. First, ask the strata manager to confirm whether the owners corporation or strata committee has properly approved the scope, funding and contractor, and share the building or waterproofing reports and quotes with owners. NSW guidance says the repair quote must be approved; for work over $30,000, at least two independent quotes are required.
If approval is missing or the objection reveals a genuine technical concern, put the issue to the appropriate strata meeting for a decision and record the resolution. If common-property repairs are being blocked or delayed, NSW Fair Trading offers free strata mediation. Flat Chat has an older discussion about balcony balustrade safety and a 2020 article discussing waterproofing; both are commentary, not current legal advice. Strata repairs and maintenance | NSW Government: NSW strata repairs and maintenance · Flat Chat: balcony balustrade discussion · Flat Chat: waterproofing discussion.
Given the safety and cost implications, consider a qualified building professional and NSW strata lawyer if there is a dispute about the work or the approval process. Roundup: Flat out on the Forum; FLAT CHAT+1
General information only, not legal advice.
The first thing I would do would be to find out what their objections are and then try to address them while still going ahead with the project. Mediation might be very useful in this regard.
If their objections are simply that they don’t want to be part of it, for whatever reason – cost, hassle, agreed design – then there are processes through NCAT than can lead to orders which they must eventually abide by or face serious consequences.
However, the simple facts are that in the vast majority of cases, the owners corp owns the balcony and has responsibility for its maintenance. Explaining that and the consequences of fighting a battle they are very likely to lose might get them over the line.
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