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Topic
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G’day all,
I am located on the top floor of an 20 odd apartment complex in Victoria built in 2004. I have a balcony which is 6mx6m which is directly over the unit downstairs and has recently started leaking into their ceiling. Plumber has assessed that the waterproof membrane is faulty and has led to the leak.
The OC have decided that this is a private issue and will not get involved.
As background, the plan of subdivision states that the balcony is a balcony (‘projection’) and that the OC is responsible for ‘all structural walls, slabs, beams, columns and structural ducts’.
However, isn’t this balcony also a roof? It covers two apartments and is primarily exposed to the elements. I assume that the waterproofing membrane that needs to be replaced will need to be of a higher calibre (and more expensive) than regular, run of the mill, smaller covered balconies.
My understanding is that it is not the responsibility of a lot owner to maintain the roof (or roof slab or the roofing waterproof membrane etc) of another lot owner/s. The area should meet the definition of common property which is the responsibility of the owners corp to maintain and repair. Am I incorrect in thinking this?
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I’m not in Victoria but I’m sure the membrane is common property. If it wasn’t, you could remove it and flood your downstairs neighbours.
A similar situation exists with balcony doors. The door connects two private spaces yet it’ll be shown as a black line on the strata plan and hence is in a common-property wall and is itself common property. So is the lock in the balcony door.