[bernie]

Thanks StrataGuru.  Very helpful about what the rules are in Victoria.  However, I appear to be snookered.  The owner of the unit above is the builder of the apartment block.  His building company has gone into receivership, and a plan by him to purchase my unit, and others in the apartment block, recently fell through because of lack of finances.  He lost his deposit because of this!

So, if I approach VCAT and hopefully eventually get a court order for the builder to repair the balcony.  If he continues his usual practice over the past few years of not repairing building defects, nothing will happen unless I presumably obtain VCAT approval to introduce a locksmith and the police to allow a tradesman to gain entry and seal the tiles.  My cost since the builder won’t pay, and since so many people are after him at present, it would seem that even if he goes bankrupt, I will be low on the list to recover even part of the expense.

Because the balcony is not common property, the current claim with VMIA to fix the extensive building defects won’t apply. And the builder/owner of the unit isn’t indemnified, hence getting help from that insurance source seems out of the question.

I can’t see how my unit insurance will assist since it only covers damage caused within my unit.

Could the OC’s insurance be approached to carry out the necessary repairs?

My fear is that as water continues to flow through the ceiling of my unit, it might eventually collapse, thereby causing other issues.

What to do? I am perplexed

[bernie]

My question is an extension of this.  My Unit in Victoria has damage to the ceiling of the main bedroom as a result of water draining from the open balcony (of another Unit) which is immediately above the bedroom.Every time it rains, water enters the bedroom and has to be collected in buckets.

In NSW I am aware that the OC is responsible for preventing further water entry from an open balcony. The Strata Manager isn’t so sure that is true in Victoria.  Is he correct?  

And if he is, what do I need to do to get the balcony above sealed? A Notice to Repair has been issued by the OC to the owner of the unit with the balcony. The owner has ignored this.  Is it the OC’s responsibility (or mine) to approach VCAT to obtain approval to enter the unit and have the repairs effected?  

[bernie]

@Austman said:

@bernie said:
It is generally accepted that it is the responsibility of the Owners Corporation (OC) for repairs required to the tiles and/or waterproofing of balconies.  

Not in Victoria, as you have noted.

It’s not the situation in Victoria because tiles and waterproof membranes are considered to be surface treatments, similar to paint.  Boundaries declared as Interior Face do not include lot surface treatments as common property. Although they are exterior to the building, balconies and terraces are considered to be interior for subdivision purposes – they should be thought of like a bathroom. Therefore, if Interior Face, tiles and waterproof membranes affixed to the interior/airspace side of a lot balcony boundary (eg on top of the balcony slab) are not common property. The 2011 Registrar’s requirements only clarified this.

In NSW it’s different. Original tiles and waterproof membranes affixed to common property walls, floors or ceilings are considered common property.

It’s more to do with how subdivision boundaries are defined rather than the OC Acts.   In both states the OC must maintain common property.   But the boundary definitions are different between Victoria and NSW.

Thanks for clarifying, Austman.  Most helpful.

[Author]

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