Balcony Leak…

My apartment block's registered Strata Title is prior to the change in By Law, when balcony walls became common property in 1974.

I have to replace the current balcony door/window configuration to stop a leak due to wood rot and lack of waterproofing under the structure. The magnesite in the lounge room has also been ruined along the wall, but fortunately this aspect hasn't caused expensive damage to the concrete slab.

I have been unsuccessful in gaining approval to change the current configuration, which consists of a hinge door, non-Standard glass, panelling (with asbestos), and a double hung window. 

I'm advised that the expense of this repair is completely the Lot owner's responsibility. Yet, painting of the balcony doors/windows was covered by body corporate, to keep with uniformity.

The EC's view is that a failure to maintain the timber (by previous owners'), means that any damage to common property (floor) is no longer that of body corporate. Yet, there is evidence of sections of wood being replaced and silicon. I am told they were also unsuccessful in their attempt to fit a new design (bi-fold doors). Limited negotiation skills are apparent with members of EC & Strata Manager.

The current configuration is South facing and cops some very bad weather, I suspect that this has largely contributed to the problem.

This aspect is not acknowledged.

I have two questions:

1). If I match the current design (in order to keep with the appearance of the building), can I use different materials ? (i.e aluminium is recommended to provide a good flashing system).

2). Do I have a case for the body corporate to contribute to costs of replacement, since new waterproofing and floor levelling is being completed?

Regards,

S