Question: If there is water ingress from the apartment above’s defective balcony waterproof membrane, what can the owners corporation do?
Answer: 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.
This post appears in the April 2025 edition of The VIC Strata Magazine.
Phillip Leaman Tisher Liner FC Law E: ocenquiry@tlfc.com.au P: 03 8600 9370