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Hi,
I’ve had a water leak issue in my apartment from the balcony above mine for 2.5 years now. Carpet in the bedroom, skirting boards are moudly and ruined. Tack strip nails have rusted away and cracked the concrete they were drilled into. Holes were cut in my walls 1.5 years ago and still remain. At first, BM told me to figure out where the water was coming from before they would help. It’s since been found that the water is getting in somehow from the balcony above.
The last few times i’ve tried to get something done, they’ve brushed me off by telling me to contact some building engineers to try and find the problem (i assume at my cost) The last time they arranged to come out to take a look themselves but didnt bother showing up nor contacting me. Last december the owner of the flat below mine came to see me because the bedroom ceiling in their apartment was damaged from water and leaking. This is directly below my balcony. The same cladding is applied between the floors and the apt below mine also has the same issues/evidence of water leak in the sliding windows that mine has. Nothing has been done about that one either.
Basically i just want it fixed. The only thing the BM does reliably is send the bill each quarter.
Any tips on getting them to actually respond and act? We are in Victoria btw
thanks
Ps, this was spurred on by the article: https://www.domain.com.au/news/melbourne-apartment-defect-horror-leaves-owner-with-health-issues-1065199/ – My wife is usually waking up each night coughing and has breathing problems now. We almost bought into that atria building 6 years ago. It seems we ended up with something just as bad.
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Building managers will generally do as they are instructed by the Owners Corproation and it’s the OC with whom you have the dispute. In a case like this, it’s often a case that the committee members don’t want to have to pay fees that would be increased by getting the work done, however the OC has a legal duty to maintain and repair common property.
It sounds like you are going to have to take the OC to VCAT, seeking orders to force them to fulfill their legal duties. Have a look at this information page then consider getting together with any other owners in your block who are suffering the same problem to hire an experienced strata lawyer to conduct the case for you.
Good luck.
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.
We are in Victoria btw
And there we have it.
Unfortunately the majority of water leaks from balconies, terraces and bathrooms in Victorian stratas is a lot owner responsibility.
Waterproofing, including waterproofing membranes, is usually a lot responsibility anywhere below the lot airspace. Waterproofing, including membranes, titles etc are seen to be surface treatments similar to paint in other states. Balconies and terraces are treated similarly to bathrooms.
You might need to get legal advice on whether it’s your responsibility or not.
Unfortunately the majority of water leaks from balconies, terraces and bathrooms in Victorian stratas is a lot owner responsibility.
I had no idea that was the case. Glad I suggested getting a strata lawyer involved. But, of course, poor workmanship that’s still under warranty should be repaired if it’s not fit for purpose.
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.
Further to this astounding revelation that balconies are probably not common property in Victoria, I found this following passage on an information sheet on the Communique platform:
A common misconception is balconies are the responsibility of the Owners Corporation and the owner is relieved of the obligation to maintain it. Unlike some other states, in Victoria, the structure of a building including balconies is not necessarily common property. It is an issue of survey determined by the plan of subdivision.
In a multilevel building, a plan of subdivision may adopt the interior face as the location boundary. If so, the slab or structural trusses will be common property and the responsibility of the Owners Corporation to repair and maintain. Unless the plan of subdivision indicates otherwise, the boundary of the lot is located at the unfinished surface and any waterproof membrane and tiles are within the owners’ lot.
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.
Further to this astounding revelation that balconies are probably not common property in Victoria, I found this following passage on an information sheet on the Communique platform:
It can depend on the Plan of Subdivision, but if “Interior Face” is used on the PoS in Victoria, as it almost always is for apartments, the balcony or floor structure itself will be common property while the surface of it including paint, tiles and any waterproof membrane beneath them will be lot property . It’s the same with kitchens and bathrooms.
So with leaking balconies and bathrooms, the issue often ends up being a lot owner v lot owner issue. The OC is often not responsible or involved at all.
Sometimes an expert interpretation of the Plan of Subdivision is required.
When the hose was directed against the cladding area I had water running down the inside of my wall.
If that “cladding area” is shown as common property on the Plan of Subdivision, it will be a strata responsibility to resolve. Else it will likely be lot property and therefore a lot owner responsibility.
It’s very important to know and understand your PoS with these matters.
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