Balcony fix will turn my home into a building site

Balconytoogoodtobetrue wrote:

Hi,

I have downsized for retirement and purchased a top floor apartment built in 1995. Was a great price and now I see why. Was told that the balconies may need to be renovated with new waterproofing and tiles in the next five years and the day I moved in I was told it’s happening soon.

The balconies are over 200 meters square and are considered Common Property with my exclusive access. There is water egress in units below and you can clearly see the deterioration of the expansion strips in my balcony. I’ve suggested that they be replaced however been told due to “legislation Design & Building Practitioners Act 2020, a partial waterproofing remedial works will not be permit.”

22 years ago a previous owner converted on balcony into a sunroom and built an awning on the main balcony.Ive been told I have to prove approval for these or I will have to pay for removal of these. Bit scared to go to council to check on these as may cause more headaches.

The work involved has been advised to take 2 months.

sorry about long winded story but can I ask

1. Do I have to live in a construction site for this length of works ? Would be lot of foot traffic.

Ask your builder.

2. Do I have to prove approval of structures built so long ago ?

Is this a pergola? In other words, is it a roof over your balcony? Council would usually approve it as long as it is not too close to the boundary fence. Just ask Council to visit and take a look.  In my strata someone complained about work that was done more than ten years earlier.  Council investigated and eventually it was approved.

3. Acquired 12 very massive pots on the balconies with purchase. Do I have to remove them ? Would be near impossible.

Ask your builder. You probably should remove them to avoid breakage. Builders will not be happy to tip toe around them. IF they are too heavy, empty them first.

4. Been told this will cost Strata over 1 million. Does this need to be voted on at a AGM ?

It sounds like a lot of money. If the owners corporation does not have the money, they would have to raise a special levy. That would require voting at a general meeting.

I would recommend that you investigate this, as the issue could blow up to be a bigger mess, especially with that large amount of money involved. Yes, you should check with Council to see if any DA was applied for or granted. You need to review the by-laws to see if a renovation by-law was registered (though the work seems to have been done when strata law was different, so there may not be one.)
You have been told the sunroom was an unauthorised renovation, but there is another way of managing that, as well as the Owners Corporation demanding that the common property be restored to its original condition (ie, without the sunroom). You can retrospectively apply for a renovation by-law to be approved that authorises that structure, and the fact that it’s been in place for over 20 years, without the OC complaining or objecting would imply that it would be approved.

It’s good that the OC is treating the repairs as being carried out on common property, and paid for by the OC. But if it turns out that a previous owner did unauthorised work that contributed to the current problem, then you, as the ongoing owner, could be liable for some of the cost of its remediation, as well as contributing to the levy costs. It might pay to get a strata lawyer (or an independent strata manager) involved to look through this, to ensure that you don’t become liable for a big bill.

And yes, a million dollar remediation cost will probably be paid for by all the owners, by raising a special levy. What is in your current Capital Works and Administration funds? Has your OC been planning this work for a long time, and has raised the necessary money, or is this unplanned? Note that the special levy can be raised in one hit, or spread over a longer period, but work cannot start until sufficient money is in these trust funds to pay for each stage of the work. Strata loans are also a possibility. You should get involved in your OC, for your own benefit.