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Our top floor owner has a large exposed area as a balcony as part of her title. The wooden decking of this area has rotted and an inspection shows that the drains are blocked and this has meant that the bearers and decking need replacing plus the waterproof membrane is old and probably should be renewed at the same time
The Strata Manager says the any repairs to an external balcony are the responsibility of the Body Corporate but some of us feel the we should only look at reimbursing for the drain clearing and membrane replacement as theses are things that protect the fabric of the building. and that the costs associated with any surface work (new timber or tiles) should be borne by the owner who hasn’t maintained things well. Any thoughts?
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I would say at first glance, your strata manager is right.
However, if you can prove that the owner’s neglect has contributed to the failure of the decking, then you can bill them for that (then fight it out at NCAT).
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
With all due respect to Jimmy T and his answer above I’d like to make some comments.
Who laid the decking? Was it the OC or the builder when the place was built, or was it added on top of the existing surface as an option or by a subsequent owner? If the latter then I’d say it’s the responsibility of the owner.
If the owner had sole access to the area then I would assume they are responsible for ensuring any drains are not blocked. If they neglected to keep drains clear I assume the subsequent stagnant water damaged the decking.
With all due respect …
Who laid the decking? Was it the OC or the builder when the place was built, or was it added on top of the existing surface as an option or by a subsequent owner? If the latter then I’d say it’s the responsibility of the owner.
If the decking was laid by a subsequent owner and fixed to the slab, and there is no by-law passing responsibility to the lot owner, then it’s more than likely the owners corporation’s responsibility, regardless of who installed it.
You are right, however about the lot owner being responsible for at least checking the drains.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi flat chatters,
I am currently in the same position. The OC were given orders to replace the membrane on our roof terrace. There is a timber deck on the roof that has been there for three decades. It did not cause the leaks, this has been proven. Our OC are refusing to remove the deck claiming it is our responsibility. We do not have a bylaw making us responsible for the deck nor did we install the deck. There is no documentation proving who installed it. We believe it is common property. Multiple owners have enjoyed it over the years.
We believe the Oc should remove it, they have the orders to repair the membrane. We are going to the tribunal for the 7th time now after fighting to get them to repair the membrane now we fight to find out who is responsible. It is $20,000 to remove the deck and then there is the argument of replacement, another fifty thousand once the other items on the roof have been included.We believe also we bought a lot with a landscaped roof terrace which affected the cost of our apartment. The OC intend on leaving us with a bare membrane where the deck used to reside. It would help if the tribunal were more detailed in their findings, the loopholes left after orders are handed down are being taken advantage of. I will let you all know how we go in the tribunal.
With all due respect I agree with Jimmy.
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