Okay, let’s start with my opinion that the strata laws in Victoria have giant holes in them and that Victoria politicians don’t care about apartment owners. Prove me wrong if you disagree.
However part of the Owners Corporation Act says this:
46 Owners corporation to repair and maintain common property
An owners corporation must repair and maintain—
(a) the common property; and
(b) the chattels, fixtures, fittings and services related to the common property or its enjoyment.
The question is, is the floor of the apartment above common property? It is in NSW and I suspect it may be in Victoria too. Therefore the OC should be pursuing the owner of the apartment upstairs to cover the floor properly and your beef is with the strata committee for not doing so. Take it to Consumer Affairs with a view to taking the case to VCAT. Now, having said that, my knowledge of how strata law plays out in Victoria is a little sketchy so if anyone in Vic has experience of this, please let us know and correct me if I’m wrong.