Question: Our tiled balcony has leaked into the unit below. The OC has quotes for repairing the membrane. Can I insist on tiles? Who moves the large pot plants so work can commence?
I live in a Sydney apartment in a block of 12 units. I have a large tiled balcony. Unfortunately, water is leaking from the balcony into the unit below. The owner’s corporation has received quotes for a new waterproof membrane.
The committee would like to paint the balcony. Can I insist on tiles? I have large pot plants on the balcony. Am I responsible for moving these?
Answer: You are responsible for moving the pots on your balcony.
An owners corporation has the statutory obligation to maintain and repair common property in accordance with section 106 of the Strata Schemes Management Act 2015 (“the Act”).
The owners corporation has the obligation to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
You would need to show why the tiles would be necessary and whether they fall under section 106 of the Act.
You are responsible for moving the pots on your balcony.
This post appears in Strata News #690.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486