#26215
Austman
Flatchatter

    @Digby said:
    Hi, 

    1)In regards to your leaking water issue if this is coming from the common wall of the property, this is a  body cop issue. They may use the strata insurer to recover cost of repair.

    2) You would require copy of strata building plans lodged with local council for development application of the lot. Possible mediation with the owners corporation to resolve the issue.

    Unfortunately, in the OP’s Victoria, it’s not always the case.

    Here are a couple of links about it:

    https://vbcs.com.au/wp-content/themes/thalassa/pdf/Repairs%20to%20my%20property%20-%20who%20is%20responsible.pdf

    https://www.bcssm.com.au/files/pdf/Committee_Updates_VIC/BCS_VIC_Common_property.pdf

    We have had the legal opinions mentioned in the second link and I can tell you the strata lawyers’ “preferred opinion” was that tiles and any waterproof membrane of a lot balcony or terrace (when boundaries are declared INTERIOR FACE on the Plan of Subdivision) was an owner responsibility. It’s the same with lot bathrooms and laundries.  Other legal opinions might vary.

    In Victoria, strata Plans of Subdivision are actually available, on-line, from Landata:

    https://www.landata.vic.gov.au/

    In my experience, strata insurance does not cover building defects themselves.  It might however cover the subsequent damage caused by that defect.  Building warranties might still apply depending on the age of the building.