Plan of Subdivision Interpretation

Hello,

I have an issue with my Owners Corporation about exactly what is and isn’t included in Common Property.

To my mind and my knowledge when I examine the Plan of Subdivision it is very simple and straight forward, yet the OC Committee seem to have a different view.

Is there some way of getting an expert interpretation that is binding and becomes set forever?

I am in Victoria.

The Back story – I have had leaking into my apartment since buying the unit new. At various stages it appeared that it was fixed but then another rain storm would come and there would be a leak. The original Body Corporate looked after most of the bills and it was never an issue except when there was another leak. We have a new Owners Cooperation Manager and since taking over they have denied any responsibility for the leaks or the deck.

The Leaks come from the roof area. The complication is there is a roof top deck area that is obviously above the roof. The Plan of subdivision seems to clearly indicate that anything above and including the roof line on the plan is common property. The Committee disagrees. It is pretty clear on the plan.

The issue is the Owners Cooperation Committee have insisted the leaks are my issue and that until I prove that it is not the deck causing the leaks they are not interested. My view is the deck is clearly part of common property in the Plan of subdivision and it is all the Owners Corporation responsibility.

To move things along and detect the actual leak/s location/s, I have pulled the deck up at my own cost only to reveal that both detected leaks are Owners Corporation issues. One is a crack in an external wall and one is from a gutter that overflows due to design shortcomings and becoming blocked. There are also design issues with the original deck construction and the flashing for the roof is not any where near standard.

1. Who will pay for pulling the deck up and replacing the deck? It is in my opinion Common Property as per the Plan of Subdivision.

2. How do I enforce the obvious Plan of Subdivision common property areas with the Committee.

The Owners Corporation Manager claims to be following the Owners Corporation Committee on this, I have pointed out the previous manager looked after the leaks. The current manager just quotes the committee at me and  they have not really been very helpful.

Is there a quick easy solution or are we getting into lawyers a VCAT etc