› Flat Chat Strata Forum › Common Property › Water cascading onto my balcony from upstairs neighbour › Current Page
If you have had no luck with your neighbour and your OC has been similarly unsuccessful with
him, then I suggest Mediation with NSW Fair Trading as a possible avenue. This I believe is a free service.
First you need to determine who owns the balcony you use: you or the OC. This fact is needed, believe, in order to have the right party apply for Mediation.
Under the SSMA, obligations for strata residents include that residents must not:
* Interfere with or impact another person’s lot, including services provided to them or the common property. This includes doing anything to affect another lot owner’s water, sewage, drainage, gas, electricity, garbage, air conditioning, heating or telecommunications services
* Cause a nuisance or hazard to another resident, such as playing loud music or
* Use the common property in a way that interferes unreasonably with others in the scheme using and enjoying it.
Before filling in the online request for mediation form, I urge you to call FT on 13 32 20 and explain the issue to them.
As to your suggestion of installing a solution, if the balcony is OC property, it is not for you to interfere with it in any way without receiving written approval from the OC. And one would think if it is OC owned, then the OC and not you should fix the problem. After all, why should you spend time and effort fixing a problem caused by someone else to property you do not own, whilst you as installer will be responsible for any negative consequence of your installation.
Good luck.