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[Mailbox]

Due to the recent heavy rain water entered my unit from either the patio doors (which were closed at the time) or from under the brick and tiled hob on which the doors sit. The Strata Manager has advised that even though the hob and doors face onto common property since the building was registered before 01/07/1974it is the lot owners responsibility to locate the water entry point and rectify the problem. Is this correct? Please advise.

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[kaindub]

In NSW pre 1974 Buildings are subject to special consideration.

You need to refer to the strata plan

If the line across the patio door is a solid line, then it’s OC responsibility

If the line is dashed its owners responsibility

Despite the common belief that patio doors in pre 1974 buildings are owner responsibility, there are exceptions due to how that strata plan was drawn.

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[Mailbox]

Just assuming for now that the patio doors and hob are your responsibility as a lot owner, it is worth thinking about just how and why the water got in. Poor drainage / inadequate falls etc in the patio outside. From what you say the patio  area is common property and therefore the responsibility of the owners corporation /  body corporate to maintain.

Could it be that the water ingress arose from drainage issues  in the patio ? If so, the OC/ BC would not in this case be repairing your balcony doors / hob, but they might still have to address the fundamental cause of the water ingress into your lot.

Worth a thought…

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[LawoftheLand]

And if water ingress from the rear common property courtyard comes into a room attached to a lot (that was originally only ever a basement/storage area) and the owners converted such into an extra living room/area without approval and no DA, wouldn’t it be the owner’s responsibility?

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[Author]

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