I suggest you search “owners corporation pay for damaged caused by lot owner”. There are many strata lawyers discussing this topic. Here is what I gleaned from a quick search. I found the following info on a Marsdens Law Group web site but I have difficulty posting links in forum posts.
Whilst the other lot owner is responsible for the cost of repairs, you will have to get the owners corporation involved. The Owners Corporation is responsible for keeping common property maintained.
If the other owner does not offer to pay for it:
- NCAT cannot award damages to you. You have to go to a court.
- Strata Schemes Management Act 2015 Section 153 Owners, occupiers and other persons must not create nuisance. The damage to the ceiling is the nuisance. A lot owner caused the damage. Therefore, the lot owner is responsible for repairing it.
- Strata Schemes Management Act 2015 Section 106 Duty of Owners Corporation to maintain and repair common propertyEven though the Owners Corp did not cause the problem, they have a duty to see it get fixed.
The rules for including balconies in common property changed around 1974. It would be helpful to ask a lawyer to read the strata plan note about “interior of the balcony”.