Question: In the ACT are apartment balconies considered part of common property or part of the unit entitlement? Who then is responsible for the maintenance of say, damage to the balcony’s tiles?
Answer: Balconies are generally considered a unit subsidiary by the registered site plans.
Balconies are generally considered a unit subsidiary by the registered site plans. Under the Unit Titles Act 2001, a unit subsidiary is a part of a parcel identified as a unit subsidiary annexed to the unit. As a result, the balconies of each individual unit are owned by the respective owner of that unit. However, under the Unit Titles (Management) Act 2011, balconies are also considered a defined part and are, therefore, the responsibility of the Owners Corporation to maintain. Simply put, the balcony is owned by the owner of the unit while it is the Owners Corporation responsibility to maintain it.
This post appears in Strata News #466.
Mark Zezulka ACT Division Manager Civium Communities E: mark.zezulka@civium.com.au