A leaking balcony above has been damaging an elderly owner’s lounge for a year, and repairs haven’t worked. How can the owner get the owners corporation to act?
My mother’s apartment has a flat above it, and part of that flat’s verandah sits over her lounge. For the past year, the upstairs verandah has been leaking through her ceiling.
The verandah has been leaking since the new upstairs owners recently renovated it.
The strata managing agent doesn’t seem to be doing anything about this. Some repairs were apparently done recently, but the ceiling still leaks.
How can we get the leak fixed? My mother is about to come home from the hospital and is devastated that nothing has been done. She’s 85, and her home is becoming unliveable.
The owners corporation must maintain and repair common property, so if the leak comes from defective common property waterproofing, it’s generally responsible for fixing it, even after the upstairs renovation.
I recommend formally notifying both the strata management company and the strata committee in writing, outlining the ongoing water ingress, the damage caused, and the impact on your mother’s living conditions.
Given your mother’s age and circumstances, I would emphasise the urgency of the situation and request a written response within a reasonable timeframe, ideally within five business days, confirming what action will be taken.
Under section 106 of the Strata Schemes Management Act 2015 (NSW), the owners corporation has a statutory obligation to maintain and repair common property. If the water ingress originates from defective common property waterproofing or other building elements, the owners corporation is generally responsible for arranging the necessary rectification works. The fact that the upstairs owners recently renovated their balcony does not automatically remove this obligation, although responsibility will depend on the circumstances and any applicable by-laws.
The owners corporation should arrange an appropriate investigation to identify the source of water ingress and implement the necessary rectification works. Given that the leak has persisted for approximately 12 months and is affecting the habitability of the apartment, this matter should be treated as a priority.
If no meaningful action is taken, I would recommend lodging an application for mediation through NSW Fair Trading. If the matter remains unresolved, you may consider escalating it to the NSW Civil and Administrative Tribunal (NCAT) to seek orders requiring the necessary repairs.
I also recommend maintaining detailed records of all correspondence, photographs of the water damage and any previous repair attempts.
Ultimately, your mother should not have to continue living with ongoing water ingress, particularly where it may affect her health, safety and ability to occupy her home comfortably.
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Mark Joseph is the founder and Managing Director of MJ Engineering Projects, a Sydney remedial engineering consultancy established in 2007. He has over 25 years of remedial engineering experience, much of it investigating and rectifying defects in strata buildings. Mark is a Registered Design Practitioner, an accredited inspector under the NSW Strata Building Bond and Inspections Scheme, and a licensed builder. He is regularly engaged as an expert witness in building disputes and acts as an Undertaking Manager under Building Commission NSW's Project Intervene program, working with owners corporations and strata managers across NSW.
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