If there is water ingress from the apartment above’s defective balcony waterproof membrane, what can the owners corporation do?
This is a dispute between private lot owners. The OC may serve a notice on the lot owner above, requiring them to repair their balcony.
Whilst this is a dispute between private lot owners, the OC may (but has no obligation to) serve on the lot owner above, a Section 48 notice requiring the lot owner to make repairs to their balcony. If the notice is not complied with (the lot owner has 28 days to fix the issue), the OC can fix the issue and charge the lot owner the full cost of rectification. Any consequential damage occurring to the bottom apartment needs to be fixed and dealt with as between the two lot owners and the OC has no power to fix the consequential damage arising from the private lot defects.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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