Question: A third of the apartments in our block have balconies with significant damage. If owners have not properly maintained the balconies, are all owners required to contribute to the repairs?
Six of the 18 apartments in our building have substantial damage to the concrete floor of their balconies, while the remaining balconies have cosmetic damage.
On the strata subdivision documents, balconies do not appear to be common property. However, the owners corporation (OC) has billed all owners for repairs to the affected balconies.
When I contacted the owners corporation manager, they stated that owners are individually responsible for maintaining the internal aspects of their properties but are jointly responsible for maintaining the external aspects. The repair invoice suggests that internal work will be performed.
Additionally, in previous meeting minutes, the strata manager mentioned that owners must ensure balcony drainage holes are kept clear and the waterproofing membrane is monitored to prevent water from egressing onto the common property. Does this imply owners contributed to the damage by failing to maintain their balconies?
If so, why are owners with structurally sound balconies— who maintained their internal aspects — required to share the cost of these repairs equally?
Answer: It is unusual for the slab under a balcony to be private lot property.
It is difficult to provide an answer without seeing the plan of subdivision. It is unusual for the slab under a balcony to be private lot property. Normally, it is common property. If it were common property, the structural slab would generally not be subject to the benefit principle.
If the slab is not common property but rather private lot property, the private lot owner will be responsible for the cost of repair. However, the OC would need to have provided a Section 48 notice requiring the repairs to be undertaken and the owner to be given 28 days to do so. If the boundary of the balcony is internal face, the slab will be common property, and the waterproof membrane will be private lot responsibility.
This post appears in the August 2025 edition of The VIC Strata Magazine.