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It is generally accepted that it is the responsibility of the Owners Corporation (OC) for repairs required to the tiles and/or waterproofing of balconies.
In Victoria, VCAT has ruled that for units where the boundary definition is interior face, the owner of the unit and not the OC is responsible for these repairs (2011 the Subdivision (Registrar’s Requirements) Regulations 2011 10(4)(a).
In Victoria retrospectivity (prior to the Act being passed in 2011) also applies (Owners Corporation PS508732B v Fisher [2014] VCAT 1358).
Has NCAT, which determines rules in NSW, ruled similarly, or is the OC still responsible for the repairs in NSW?
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@bernie said:
It is generally accepted that it is the responsibility of the Owners Corporation (OC) for repairs required to the tiles and/or waterproofing of balconies.Not in Victoria, as you have noted.
It’s not the situation in Victoria because tiles and waterproof membranes are considered to be surface treatments, similar to paint. Boundaries declared as Interior Face do not include lot surface treatments as common property. Although they are exterior to the building, balconies and terraces are considered to be interior for subdivision purposes – they should be thought of like a bathroom. Therefore, if Interior Face, tiles and waterproof membranes affixed to the interior/airspace side of a lot balcony boundary (eg on top of the balcony slab) are not common property. The 2011 Registrar’s requirements only clarified this.
In NSW it’s different. Original tiles and waterproof membranes affixed to common property walls, floors or ceilings are considered common property.
It’s more to do with how subdivision boundaries are defined rather than the OC Acts. In both states the OC must maintain common property. But the boundary definitions are different between Victoria and NSW.
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