Question: Our Body Corporate is intending to undertake a building wash, but this will not include our balconies. I know the wash will result in dirty water being deposited on the balcony windows and doors. Surely the body corporate needs to clean this?
The Body Corporate is intending to undertake a building wash of our highrise complex. The onsite manager has told me that my open air balcony walls and balcony ceiling will not be included in the building wash because they’re behind the balustrade which is not common property.
If the Body Corporate is responsible for painting these areas then why are they not responsible for maintaining them i.e. cleaning.
From past experience in other highrise buildings, high pressure water blasts cause dirty water to be deposited all over windows and glass doors on balconies. Why should lot owners have to clean this up if it is a result of the building wash?
Is there any legislation stating that:
- is the areas within my balcony i.e. the walls ceiling etc the Body Corporates responsibility to clean and
- the body corporate must rectify, fix or clean which resulted from the works they authorised.
Answer: If lots are damaged and/or dirtied as a result of the cleaning works, the Body Corporate should make good any damage or mess.
The Body Corporate is:
- responsible for maintaining its common property;
- not responsible for painting your balcony if it is not common property; and
- not responsible for washing the areas of your balcony which are not common property.
If lots are damaged and/or dirtied as a result of the cleaning works, the Body Corporate should make good any damage or mess.
Hayley Gath
Mathews Hunt Legal
E: hayley.gath@mathewshuntlegal.com.au
P: 07 5555 8000
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