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Hi All, we bought an apartment in a 1930s block of flats one year ago, which was just strata listed in 2009. The owner who subdivided still owns 2 of the 5 flats, which include 3 private garages on her 2 titles, attached to the side of the building (I believe they were built decades later and are not part of the original structure). She has recently advised the executive committee that there is concrete spalling to the garages and a water penetration problem due to the deterioration of the waterproof membrane over the garages. She claims that the owners corporation is responsible for the remediation, but these structures are clearly only part of her two properties. An engineer’s assessment has just advised that the concrete spalling appears to have been a problem long before the membrane deteriorated, which raises the question – why wasn’t this remediated before strata listing?
I understand that repairs to boundary walls are the responsibility of all the owners, however it’s unclear whether these garages constitute boundary walls, as they are clearly on her title, and not part of the main structure of the building. Can anyone please advise on who is ultimately responsible?
Thank you!
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