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I have the ground unit. The two units above me have a balcony which is set back more than a metre from mine. This means that all of the water, both rain and tap, comes directly onto my balcony. Unfortunately my balcony does not have a sufficient g radiant to allow the water to run of so it pools and is creating mould. These are separate issues both of which I have reported to Strata Management who say neither is a strata problem. I feel that this is a building fault, a mad one at that, as the consequences were obvious to see. Any suggestions, ideas, facts?
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The strata manager is probably incorrect.
In almost all schemes – you will of course need to check your bylaws – the balcony area is usually common property, even though it is intended for exclusive use of the lot owner.
Therefore, this issue of water penetration from one piece of common property to the other is an OC problem: the EC can either elect to remove the mould on an ad-hoc basis or address the drainage issue more permanently.
The latter is usually preferable – water pooling on concrete permanently tends to damage the reinforcing over time and lead to very expensive concrete cancer which can spread throughout the building. Obviously if the balcony is timber, then of course it means the timber is prone to rot.
I would talk with the EC if possible to avoid the Strata manager altogether.
Good luck
Hi Greens & Mattb,
Sorry to say, but your incorrect in your interpretation regarding balconies.
The air space of a balcony is typically part of the lot. You need to refer to the strata plan in this regard, but mostly you will notice the veniculum reflecting that the balcony is attached to the lot.
The structure of the balcony is considered to be common property, and I guess there is an argument of chicken and egg in this situation. It does sound like there is a bit of a design flaw with the current arrangement and it would be in the OC’s interest to rectify this situation, however it could be argued that some of this work is an improvement to common property, and requires a special resolution at a general meeting, but this is a matter of interpretation.
Mr S
Setting aside whether the balcony is part of the lot or common property, the issue is whether there is a defect in the common property which is causing the problem. On the face of it, it sounds like there may be.
The Owners Corporation is responsible for remedying any defects in the common property. It doesn’t matter whether it is an improvement to common property, if there is a defect they have to fix it.
I suggest you find a structural engineer who can give you a preliminary opinon on the cause/s of the water penetration, including whether it is defects in the common property that are the cause or part of the cause, and how they can be addressed. Once you have that, you should approach the OC and ask them how and when they are going to fulfil their obligations.
Hi greens
Sounds like you have a fall and ponding issue. Chances are your building is a bit older? and built during older BCA standards.
Your problem may need the services of a professional such as a hydraulic engineer. They can analyse whether there is a storm water diversion issue and compare your problem to current standards.
You can find a good one here: https://www.masterplumbers.com/associations/ahsca/
A report usually goes for $800-$1200. Probably a good investment, especially if they find there is a definite deficiency in the building.
yep – I reckon you’ve got a lazy avoider as strata manager
– (I’ve got a slack one in mind but don’t want to get sued for libel) – if you don’t already know who’s on the executive committee(EC), ask around – then approach the friendliest member to put your case.question – do you have tiles or other floor covering – in which case they might argue that part is your cost – but damp to your walls from above is definitely common property/strata responsibility – anything below the surface or paint is generally common property.
to save the $800-1000 report you could get 2 or 3 opinions from builders or tradies to have a look and give you a quote for fixing it – without seeing it if it’s concrete floor I’d imagine a skim coat of concrete to change the fall – but watch for dampcourses so you don’t breach those – an alternative may be to dig/grind a trench to divert the flow
that way you’d have some cost information to save the EC time and deliberation about the $800-1000 report – e.g if you can get a guy to do it for $500 then that could look like a no-brainer decision for them to make on the spot at their next meeting.
or – if like our EC where I’m a member – by email discussion/decision, they could instruct the strata manager to have the work done, as soon as they have the various costs in front of them – that’s where you could nudge it along as above …
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