Question: Our balcony is leaking. The waterproof membrane has failed, however, the substrate also needs to be replaced. If the Owners Corporation is replacing the substrate, do we need to pay for the waterproofing and tiling?
Our balcony is leaking and it appears we will need to re-waterproof the area. We have engaged a contractor to do a remedial membrane since the tiles are in good condition and don’t need to be replaced. However, a recent report on the building stated that there is a damaged substrate below our balcony and the material used in construction is not “ideal” for use under balconies.
The Owners Corporation wants to rip up our tiles and membrane to fix the substrate; but if they rip up our balcony, aren’t they then required to repair what they’ve taken up? They’re saying we need to pay to re-membrane and re-tile our balcony. We agreed to do a remedial membrane, but we feel it’s unfair to pay for re-tiling when they are the ones ripping it up to fix the substrate.
Answer: If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.
In our experience the balustrades and slab form part of the Owners Corporation’s common property, whereas the membrane and tiles are the Lot Owners property/responsibility to maintain. If the membrane were intact, we believe the Lot Owner would have a solid argument that any damage caused in rectifying the substrate should also be covered at the Owners Corporation’s expense.
However, as the membrane is compromised and requires remedial repairs, it would be an opportune time for the Owners Corporation to complete repairs to the substrate. Whilst the Lot Owner has proposed a remedial repair approach to the membrane to prevent any damage to the tiles, this solution would have a limited life expectancy and require ongoing maintenance.
It should also be noted that taking a remedial repair over replacement of the membrane may see these works completed under a non-warranty replacement agreement, meaning that the supplier providing the repair may not warrant their work as you would get with a full membrane replacement. In addition to this not having the correct foundation (substrate) in place, it could result in a more costly repair and/or replacement at a later date and rework in the long run.
Being in Victoria, we would need a copy of the plan of subdivision to confirm whether any part of the balcony forms part of the Owners Corporation’s common property.
This post appears in the November 2022 edition of The VIC Strata Magazine.
Braden Sharma
Sedgwick
E: braden.sharma@au.sedgwick.com
P: 0457 715 091
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