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I am not sure whether you can assist, or point me towards someone who can, but from your 2019 article I certainly have hopes. My query is concerned with weight limits on balconies I will try and explain and hope it makes sense.

I live in a ground floor apartment of a strata building. The five rooms of my unit are laid out in one long line facing the garden while the back, while the two bathrooms and laundry back into the subsoil below the communal garage.

There is a 3m overhang from the balcony above which extends the full length – at least 20m long.  The unit above mirrors my floor plan exactly, but with the overhanging balcony. As to the size of the concrete pour, I am uncertain.

My problem is damp entering my unit from above at both ends of the apartment along the line of the balcony. This damp started a year ago and the stain in bedroom ceiling grew during the drought.  I have moved to the spare bedroom but this is more than an inconvenience since I am a severe asthmatic with COPD and highly allergic to mould.

Unfortunately, the owner above is most uncooperative, refusing to allow anyone through his unit.  I have allowed access through my unit with a scaffold erected in my garden for access to the balcony above. It’s been found that the waterproof membrane on the balcony above has broken down and needs replacing, but that doesn’t explain the source of the water.

The owner has installed a watering system for the 20 -25 massive containers in which he is growing trees and shrubs along the edge of the balcony.  Viewed from below there is now a clearly visible bulge in the paintwork along the length of the balcony just above where the raft finishes and the brick work begins. He is a green thumb – one of his orange trees has at least 20 oranges on it, and 2m murraya hedges, bougainvilleas, and assorted palms make a green barrier to the rest of his balcony.

I was told that each of these containers with plants and watered could weigh somewhere between 70-100kgs? I know that over-watering is an issue (and incidentally causing water hammer). Could this concentrated weight be causing a bigger problem? Recently noted are small cracks spreading along wall at ceiling height in my main bedroom and lounge. The resident stalled any entry inside his unit from October when a work order was issued until after some rain in February. Now is refusing entry pleading COVID-19. The committee, on which this resident sits, seem reluctant to take this on.

If you have read this far. I thank you. If you have any helpful advice you will be my hero. I’ve realised I’m too old to be fighting this alone unfortunately

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[Jimmy-T]

I think this sounds serious enough to ask your local council to have a look (since your committee seems reluctant to do anything).

Alternatively, you could seek emergency orders from NCAT for a proper building inspection as a matter of urgency.

The legalities are that the balcony is almost certainly common property and the owners corporation has a duty to maintain and repair it. They certainly should be fixing the membrane and possibly charging the lot owner for damaging it.

They also have the right to demand entry if they need to inspect common property to see if there is a problem.

Now, all of this could be handled by our friends at Strata Answers who will (for a fee) guide you through the process or even take on the issue for you.

They would be my next call.  Click on the above link for their contact details.

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[challis]

i also lived in a unit under the penthouse were a deck has a 5 000 lt fish pond installed

the noise from the pump is heard clearlly  at night,and the water is changed weekly

which flows down the gutter in the street

i asked council to look into the alterations and fish water flushing down the street

eventually nothing was done,a case of owner finding a lawyer to defend there right to do whatever they want to do,after the built ins,alterations installed

i sold up .leaving the problems to the new owners.not worth the stress of living with psychopaths as neighbours.just read through the posts about the stress and money lost pusuing your right to peacefull enjoyment of your lot…LOL.

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