- This topic has 5 replies, 5 voices, and was last updated 12 years, 8 months ago by .
-
Topic
-
Hi guys,
First up, apologies for the long post!!
Our block (15 units located in Sydney) has recently had a condition report commissioned regarding water penetration issues around the balconies. The report recommends a couple of options that we can get scoped and quoted on, the best two of which are:
1. replacement of all balustrades, removal of all balcony floor tiles, installation of waterproof membrane, re-tiling of floor, and repairs to balcony entries/doors/flashing
2. replacement of all balustrades, removal of all balcony floor tiles, installation of waterproof membrane, re-tiling of floor, and total replacement of the door and window set with stacking doors
Obviously option 2 is more expensive, however, not as expensive as one would think due to the ease of replacement rather than performing fiddly repair work to the entries. However, it would definitely improve the amenity of the unit and possibly improve the value.
Our strata manager has recommended option 1 because she has advised that option 2 would mean that each lot owner would be responsible for the maintenance and upkeep of the balconies and door from then on. She also said we would have to enact a new by-law in order to govern a common appearance for tiles etc.
Can anyone explain why option would pass the responsibility onto the lot owners? We currently operate under the model by-laws.
Thanks for your help!!
-
Replies
-
Hi Lexi
Firstly, can I suggest you look up a video on Youtube entitled “Building Blox”. This is a video by Ross Taylor who is a building consultant and is an excellent way of understanding why balconies leak.
Secondly, responsibility for maintenance and upkeep of the balconies and door is contingent upon the strata plan. It is usually the case if the strata plan was registered after 1 July 1974 that balcony doors and windows are the responsibility of the owners corporation.
Finally, the completion of such rectification work does not change who is responsible for the maintenance and upkeep of the balconies and door.
Enacting a new by-law may however, change these responsibilities.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
How To Prevent Building Defect Litigation Tearing
Your OC ApartRegister Here
Hi Lexi,
Further to Chris’ post, the owners corporation must obtain all lot owners affected written consent to the passing of the exclusive use by-law.Mr S
Thanks for your assistance guys!
Following your replies we asked the strata manager again (third time!) about this situation and managed to extract what she really meant – if some people were to choose option 2, rather than option 1, then the responsibility for those improvements would rest with the lot owner. Obviously we don't want the block to have a mixed appearance, and she said we can't force people into option 2 – despite her earlier advice…. at least it seems to be clearer now that option 1 is the way to go!
Thanks again
hello there, this is the exact problem we have in Highgate Hill (brisbane) 40 units balconies front and back could you please enlighten us on how this project is going and are you happy with the work…thank you in advance
dora
Hi, as a matter of interest, we are currently doing repairs on a leaking balcony at a block of apartments. There are 4 quotes involved.
1. Balcony floor: Owner
2. Balustrade ext. wall: Body Corp
3. Balustrade Internal Wall: Owner
4. Aparment Ext. Wall: Body Corp.
The owner has also had the window/sliding door taken out and new frame and flashings inserted at his expense.
Talk about confusing.
- You must be logged in to reply to this topic.