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This question follows from an earlier topic “Leaking Balcony due to Unapproved Renovations by Past Owners“
The OC is insisting that i engage a tradesperson to fix a leaking balcony.
I have said that i am not willing to do so, given that I have next to zero knowledge about retiling and waterproofing a balcony, and know noone in the trade. I am also worried that the random tradesperson I select may do a substandard job, and then I am held liable for future repairs.
I am asking my Strata Manager to recommend someone but the executive committee are blocking my request. What can i do?
Alternatively, is it really my responsibility to find a suitable tradesperson?
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If the repair is your responsibility you can find a licensed tradesperson in the yellow pages, surely. But I think we have established elsewhere that it's probably the Owners' Corporation's responsibility so tell them to either prove it's down to you or back off and hire the workman themselves.
In fact, it's time this matter was taken to Fair Trading for them to sort out. All you need to do is refuse to do anything and let the EC take you to Fair Trading at their expense.
It sounds as if it's getting very petty and personal there. Don't let them bully you.
By the way, I'm not sure why you've started this as a new topic. It's all part of the same conversation.
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.
Hi Mikey_z4
You will need to look at the strata plan to determine if the balcony is lot or common property. There are a range of symbols or statements which indicate whether an area is common property or not.
If the balcony is common property then it is the owners corporations responsibility to fix the leak. Jimmy T is correct in that you can force the issue in the CTTT by way of breach of statutory duty under section 62 of the Strata Titles Management Act.
If it is lot property, then you will have to fix it.
Regards
Chris Kerin
Partner – Building Defects
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