Hi flat chatters,
I am currently in the same position. The OC were given orders to replace the membrane on our roof terrace. There is a timber deck on the roof that has been there for three decades. It did not cause the leaks, this has been proven. Our OC are refusing to remove the deck claiming it is our responsibility. We do not have a bylaw making us responsible for the deck nor did we install the deck. There is no documentation proving who installed it. We believe it is common property. Multiple owners have enjoyed it over the years.
We believe the Oc should remove it, they have the orders to repair the membrane. We are going to the tribunal for the 7th time now after fighting to get them to repair the membrane now we fight to find out who is responsible. It is $20,000 to remove the deck and then there is the argument of replacement, another fifty thousand once the other items on the roof have been included.We believe also we bought a lot with a landscaped roof terrace which affected the cost of our apartment. The OC intend on leaving us with a bare membrane where the deck used to reside. It would help if the tribunal were more detailed in their findings, the loopholes left after orders are handed down are being taken advantage of. I will let you all know how we go in the tribunal.
With all due respect I agree with Jimmy.