Flat Chat Strata Forum Common Property Current Page

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  • #9800

    we have a strata unit registered prior to 1974. I have been told that my unit’s balcony due to corrosion has been causing balcony cracks  and voids through the concrete slab which has allowed moisture to track through the concrete to unit below.

    who pays for this OC or LOTOWNER since it is before 1974?

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  • #22606
    Jimmy-T
    Keymaster

      I’m going to take a punt here and say that the balcony is common property and that you are entitled to have your tiles replaced if they are damaged by any work done to repair it.

      I will go further and say that the Owners Corp has a statutory duty to maintain and repair and should do so without delay.

      Anyone have any different view on this?

      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.
      #22610

      Hopefully more will write too.  Not not sure why but the OC thinks otherwise because the slab is under the door and the door is lot owner responsibility since pre 1974. it is clear that the issue is moisture in the concrete slab.

      #22612
      Whale
      Flatchatter

        I didn’t post earlier as my view is not different from Jimmy’s, but perhaps the Owners Corporation (O/C) [that includes you by the way] is of the opinion that the source of the leakage has something to do with a fault involving the waterproofing below your balcony door or wall; that’s a common fault.

        If that’s the assumption or even the fact, then you would be responsible for rectifying the source/s of the leakage and the O/C would, as Jimmy advised, be responsible for repairing the concrete slab which, as it forms the floor of your Unit (balcony) and the ceiling of the Unit below, is common property.

        If that’s the situation, then I’d suggest that you approach your O/C about it obtaining quotation/s to identify and then concurrently rectify both the source/s of the leakage and its consequences involving the concrete slab, and with the offer that you reimburse it for the costs of the former IF it’s found to involve your property (i.e. the wall adjoining the balcony and the doors/windows in it).

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