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Fellow strata community,
Can anyone confirm if the waterproof membrane is common property on a cantilevered balcony concrete slab?
In this situation, we are a strata scheme registered prior to 1 July 1974.Currently, under negotiations with the SM and EC to rectify a leak, with replacement of the original timber frame windows/door.
The builders have said a lack of waterproofing to the balcony and lack of step down is a contributing factor to the water ingress.
Today the SM has said at the AGM that the trafficable membrane is not common property. He stated that it was not present at the time of registration of the plan. It will not be covered by OC when breaking down who is responsible, so I will wear almost the full cost, with only the magnesite removal and its replacement being their responsibility.
Currently, there are traces of a coating which is uniform across the balcony slabs. The slab itself is common property. Why not the appropriate measures, according to the building code to protect it?Hoping someone can assist in some way.
Many thanks
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Off the top of my head, I would say that if the concrete slab is common property, anything attached to it is CP too. I would be taking this one to the CTTT – it would be worth spending $78 to establish whether or not this is right and maybe save yourself a whole heap more.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi,
The issue is the SP registration date being pre 1974′ as the Centre Line rule applied befor 1974′ which placed the ownership of the floor slabs with the Lot Owners, so the slab may not be common property. However you can’t take this statement as advise. Many Strata Schemes have taken steps to change the Centre Line rule by creation of By-laws and other means, so what you need to do as far as determining what is common property is to get some professional advice. A good start is the lands title office which you can ask to make a determination on what they consider common property and also a number of Strata lawyers have expertise in pre 1974 Strata registration issues. (If you email me I can give you a couple of lawyers details that have expertise in this area)
It would seem that your building has some real building issues, I hope the OC has had a Building Consultant and/or Engineer to have a look at the issues and write a technical advice and a scope of works/specification to detail what remedial repairs are required and had that firm tender the works? I have just posted a full review on selecting contractors and scoping of works under the Forum The Professionals Bad Strata Manager HERE.
If we can help please send me an email (address below).
Chris Mo’ane AIAMA, MASBC-CPC
GMD Integrated Consultancy Group
Building Consultants, Engineers, Strata Consultants
Principal Sponsor OCN, Corporate Members SCA, FPA
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