How can I get an ongoing balcony leak properly investigated and repaired when the building manager keeps delaying?
Since we bought our apartment in 2022, water has been dripping down our balcony wall from the unit above, possibly due to concrete cancer. We have raised this with the building manager several times, but the response has been that they will "deal with it one day". How can we get this issue properly investigated and actioned?
The lot owner has a right to enforce an action in NCAT if the defect is affecting their own property.
The building manager is an employee of the owners corporation. The owners corporation needs to deal with the issue. If it's dripping from one unit to another, then it is a common property defect. If it's coming from one unit into another, that's a common property defect. Water ingress is, generally, a major defect. It needs to be rectified.
Whether or not the building manager says he'll deal with it one day, it needs to be actioned. Under section 106 of the Strata Schemes Management Act 2015, the owners corporation has to maintain and repair. An individual owner can raise this matter at a meeting of the owners corporation. You should raise this with the committee. You can do this through your managing agent. Ignore the building manager if he ignores you.
The lot owner also has a right to enforce an action in NCAT if the defect is affecting their own property. If their unit is unlivable, you have the right to take action against the owners corporation for failing to rectify the common property.
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Jack De Gioia is a Senior Associate at Bannermans Lawyers, specialising in construction law, building defect claims and strata law. He advises owners corporations, developers and contractors across NSW on contract drafting, dispute resolution and litigation, regularly appearing before the NSW Civil and Administrative Tribunal, District Court and Supreme Court.
His expertise includes reviewing building and consultancy contracts, enforcing rectification work orders, and resolving strata disputes involving defects, encroachments and boundaries. Jack also drafts strata by-laws, negotiates easements and licences, and advises on development and property matters. He holds a Bachelor of Laws and Commerce from the University of Notre Dame Australia and is admitted to the Supreme Court of NSW and High Court of Australia.
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