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Dear Flat Chat,

Wonder if you could help us.

Unit 5, of a block of 15 units built in the 1930s has exclusive use of a fenced off courtyard area. It was fenced off by  developers nearly 7 years ago and sold as an ‘exclusive use’ area attached to this unit. (They refurbished and sold off all the units at that time.)

We understand that the Body Corporate is responsible for all the fences.
About three years ago the first owners sold unit 5. Before they sold they had the courtyard ,which had a timber deck and grass and garden, completely concreted over.

Units on the ground floor started to have damp issues which we date from that time.
Demlakian, a structural engineering company did a report for us and one of the issues is the concreted courtyard which has no drainage at all and is causing water to soak into the building – it slopes down. The concrete also covers the damp course (which we want to get repaired) and possibly air vents which will need cleaning for ventilation.

Too late we found out that any structural changes to the exclusive use area needs permission from the Body Corporate.
We have asked the owner of unit 5 to put drainage in and make other changes as recommended by Demlakian. This work is expensive and the owner is not responding – as yet. We are giving them some time to get quotes and then will  advise them that the work must be done.

My question: Should we have first of all asked them  to remove the whole of the concrete since the work was illegal?
They bought the property not knowing of this issue and we weren’t aware of it until the dampness became a problem.

Would appreciate any advice you are able to give.

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