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I have a top floor unit in a multi level apartment complex in Victoria.
The body corporate have indicated that the downstairs apartment has water damage to the wall and carpet and that if it shows it is coming from my balcony I will be liable for all cost restitution, mine and the neighbours. The balcony is a private balcony and the tiles are not cracked or damaged on the surface. It is not yet established what is causing the issue but based on what I have read it appears any waterproofing issues will be my responsibility?
Is this correct? What if it is a slab issue? Are there any avenues for using insurance to cover mine and the neighbours damage?Can a claim be made against the body corporate building insurance that I contribute to? I do have contents insurance.The building is around 6 years old so if it is found to be a building defect is there a way to recover costs from the builders?You think you have covered all your bases with insurance and when this sort of issue arises. It is very distressing!
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In VIC, any waterproof membrane on a lot’s boundaries usually belongs to the lot and is therefore a lot owner responsibility to maintain. This is due to the Subdivision (Registrar’s Requirements) Regulations 2011 which states (for the typically specified Interior Face) that “Any internal coverings, waterproof membranes and fixtures attached to walls, floors, and ceilings are included within the relevant parcel;” The requirement applies to all lot wet areas including bathrooms and balconies.
This means that lot owners are often either fully or mostly responsible for leaking bathrooms and balconies. But it can depend on exactly where and how the leak occurs.
If it turns out to be a lot owner responsibility, how repairs are made is up to the lot owner. The lot owner can seek compensation from others including builders or insurers.
Compulsory strata insurance will not generally cover building defects. But it will often cover consequential damage. So while a balcony defect repair might have to be paid for by the lot owner, the damage caused by that defect to the lots or common property might be covered.
Your first step should be to make sure the leak is coming from your balcony.
Then you should contact the builder as soon as possible to ask for it to be fixed.
If they refuse, approach Domestic Building Dispute Resolution Victoria which, according to its website, will help owners resolve building disputes. It doesn’t mention apartments specifically, but then it doesn’t exclude them either.
According to its website, it is currently snowed under with applications, which is all the more reason to get in as soon as the builder shows any signs of not wanting to fix the problem.
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.
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