Current Page

[bd123]

Our rooftop balcony has a failed waterproof membrane and will be replaced by the owners corporation.

The issue we have is that they have chosen to replace the pavers with a darkish grey paver, same size as current but a lot darker in colour.

This area is exposed to full sun, current pavers get warm but a dark colour? Will be rough on our toddlers feet in a sunny day.

I’ve asked if we can choose pavers and been told “no, given the expense the committee has decided that it is appropriate that they match the material and colour of the neighbours” who had his waterproofing replaced a couple of years ago and chose the pavers he liked (but is a committee member).

Do I have any rights to paver selection?

Topic

[Jimmy-T]

This is something that, if you can’t agree, you will only be able to have resolved at NCAT – however, your determination to take the issue there might focus the minds of your committee.

As a general rule, the OC only has to replace like for like, something that will be virtually impossible as the original tiles are several years old and probably aren’t available any more.

Failing that, they have to install tiles that are fit for purpose – and that’s where you can apply for mediation through Fair Trading, with the stated intention of taking them to the Tribunal, if need be.

The thought of having to defend their position in the Tribunal may be enough to erase any concerns about additional expense. Be reasonable but be tough and you might be able to achieve a suitable compromise.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote

[bd123]

Thanks for the advice! Is it true that the owner is in fact responsible for the maintenance of balcony and courtyard pavers (being above the concrete and the membrane)? Vaquely recall reading something that basically said that in the case of failed membrane oc must repair and replace pavers with similar, and owner could upgrade at own cost (ie: pay any difference between “similar pavers” and those chosen)? There are other owners in our block of 18 units who’ve changed balcony tiles etc. I don’t want to push the “friendship” with our committee, but would be good to know! Thanks again for your help.

Quote

[Author]

Replies