Is a leaking balcony a Body corporate issue?

I have a friend in a newish two storey apartment block in Melbourne. Apparently the first floor balcony In the apartment above hers is leaking and affecting her property.

Quite a few balconies in the block have similar issues.

She has been told that this isn’t a body corporate issue but has to be fixed by the owner of the apartment above.

Does that sound right?

 

Have to check the bylaws but usually balconies are common property.

 

Read the legislation. If she is an owner she should join the executive committee. Depending on age it may be the builder’s responsibility to remediate although getting this done may be challenging.

 

Here you need the whole story - it may well be all of the above or any of the above.

• Balcony may be exclusive ie not common property so becomes the owner's problem but
• The drain may be common property as it drains to the common stormwater system so it could be a BC issue however,
• Depending on the age, it may be a defect under the building contract (good luck with that one if the builder is challenging).

 

• The balconies are private - only accessible from each apartment.
• Not sure about the drain - do balconies have a drain?
• Block of apartments is within warranty as only 3 years old and

under 4 storey

 

Some do, some don't - they shouldn't be allowing water to go off the front of the balcony as they used to, it should drain to stormwater.

Old school units (drip groove around balcony only):



Newer units (drains to stormwater):



The second example is exaggerated (pipework should have been concealed against the building however the floorwaste is in the middle of the balcony).

Neatly concealed balcony drain:

 

It’s within warranty but builders can be bloody hard to get the money from, may have to sue.

Doesnt matter that they’re only accessible from each unit, have to check the bylaws to see if common property. Usually balconies are, as I said.

 

it will be evident on the Strata Plan. the floor space of the unit is usually connected with a vinculum. indicating the balcony forms part of that lot area. or it may be shown as Pt Lot with a separate area.

here's one i prepared earlier,,,,,,,,,,,,

 

OK - thanks all.

 

Get friend to put her complaint, in writing, to the body corporate. That way they will have to respond.

That should always be the first step when dealing with possible strata issues.

It does not matter what anyone “tells” her, follow the correct legal procedures for best results.