Topic: Responsibility for allegedly re-tiled balcony – FLAT CHAT

This topic has 7 replies, 5 voices, and was last updated 7 years, 10 months ago by .

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23/10/2018 at 6:54 pm #11978 Reply | Quote
Fgc
Flatchatter
I’ve done a good bit of searching and haven’t been able to find the answer to this question so please excuse me if it was staring me in the face and by all means remove my post. The situation is this:

Pre-1974 building with the old standard bylaws. Balconies that appear on the strata plan as outside the thick, black line, indicating they are common property. The balcony concerned is tiled and uncovered. The current owner bought in about 2000.

There has been a persistent leak into the downstairs flat during heavy rain. Some works have been carried out by strata, poking around in the brickwork, to no avail. The strata committee has claimed that the tiles are not original, and that the balcony was renovated without strata permission (by a previous owner now long departed) so the floor of the balcony is no longer their responsibility and thus, if the leak is going through the floor and not the wall, the owner has to pay for repairs.

I can’t find any law or precedent to support this unless there was a change to the bylaws when the renovations were done, so just wondering if anyone has any insight.
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Reply To: Reply #30639 in Responsibility for allegedly re-tiled balcony

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