#56542
Austman
Flatchatter

    Further to this astounding revelation that balconies are probably not common property in Victoria, I found this following passage on an information sheet on the Communique platform:

    It can depend on the Plan of Subdivision, but if “Interior Face” is used on the PoS in Victoria, as it almost always is for apartments, the balcony or floor structure itself will be common property while the surface of it including paint, tiles and any waterproof membrane beneath them will be lot property .  It’s the same with kitchens and bathrooms.

    So with leaking balconies and bathrooms, the issue often ends up being a lot owner v lot owner issue.   The OC is often not responsible or involved at all.

    Sometimes an expert interpretation of the Plan of Subdivision is required.