Water on the brain | Common Property | Flat Chat Forum: Your Questions Answered




A A A

These posts are organised with the most recent post first. To read the entire discussion please scroll to the bottom and read up. You must be registered and logged in to reply to posts or post new topics.

Please consider registering
guest

Log In Register

Register | Lost password?
Advanced Search

— Forum Scope —

  

— Match —

   

— Forum Options —

   

Minimum search word length is 3 characters - maximum search word length is 84 characters

Topic RSS
Water on the brain
Read the original blog post
JimmyT
Admin
09/06/2012 - 4:39 am
Member Since: 06/01/2014
Forum Posts: 2865
Offline

QUESTION: I have a ground-floor unit and the two units above me have a balcony set back more than a metre from mine. This means that all the water, both rain and tap, comes directly onto my balcony.

Unfortunately my balcony does not have a sufficient gradient to allow the water to run off so it pools and is creating mould. I have reported both issues 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? – Greens, via Forum

ANSWER:  This strikes me as a design flaw in the building and therefore a defect which is up to the Owners Corp to rectify but I’ll let a Flatchatter answer this one.

“The strata manager is probably incorrect,” says MattB on the Forum, adding that you will need to check your bylaws but in almost all schemes the balcony area is 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 Owners Corp problem,” he continues. “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.”

Couldn’t have put it better myself. As to what you will say to the EC; the Owners Corp has an absolute and unlimited legal responsibility to maintain and repair common property.

So explain that they have a choice – a) devise a plan to fix this or b) waste time, money and energy fighting you through the CTTT and the courts, then devise a plan to fix this.  It’s that simple.

Read the full story and all the advice HERE.

 

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
17 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 545

scotlandx: 487

struggler: 448

PeterC: 330

Billen Ben: 233

Austman: 200

Kangaroo: 167

considerate band fair: 164

FlatChatFan: 147

daphne diaphanous: 127

Member Stats:

Guest Posters: 239

Members: 2626

Moderators: 1

Admins: 1

Forum Stats:

Groups: 4

Forums: 43

Topics: 2734

Posts: 13153

Newest Members: Dragandeewhy, WavHome, gary, CharlieBoots, flatchat1, Alpal, Kycokoma, Faroutthere, elisilla, Dingo

Moderators: Whale: 1192

Administrators: JimmyT: 2865