Reply To: Rainwater from exterior wall crack damaging bedroom

Hi Jimmy. Hope you don’t mind me messaging you but I wanted to provide an update. I ended up engaging with a building inspector to investigate where the leak was coming from. The inspector’s report was submitted to the body corporate and the property manager of the unit above in January.

Despite multiple attempts to get this fixed, no action has been taken, even though it is evident that the responsibility for the repairs lies with the unit above. I have explained to them that the ongoing damage has forced me to repair my bifold glass door as they no longer engage and has become a safety hazard that is interfering with my ability to work remotely, as water keeps entering my bedroom anytime it rains, which also doubles as my home office space.

Further to this, mould is continuing to spread and I can’t begin to think what’s actually happening inside of the wall.  The report said that the entire wall needs to be removed, as cosmetic repairs are no longer safe and must be addressed immediately. My question is whether I should escalate the matter to VCAT or consult with a lawyer.

Additionally, yesterday I noticed water and soil dripping down the walls in the shared store room, where we keep the bins. The subdivision plan indicates that the unit above’s courtyard is directly above the store room. I promptly contacted the body corporate and asked for an inspection.

However his response was ‘I understand this matter is serious one that needs to be addressed, as I have said in past an Owners Corporation can enter lots and carry out repairs, but only if they apply to VCAT and seek orders to do so. Not doing this would lead to all kinds of complications. As there is no common property involved, at this stage, my involvement is somewhat limited, without having orders from VCAT to allow us entry to private property to carry out private works (or investigations on private property)’.

I am a bit confused by his response. The storeroom is common property so isn’t this body corporate job to attend this? Is he also correct in saying that body corporate can’t interfere or force repairs unless I actually go to VCAT? Any help would be greatly appreciated.