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In Victoria, Australia, for an apartment under a strata plan (owners corporation), responsibility for a leaking balcony depends on whether the balcony is part of:
Common property (typically maintained by the owners corporation), or
Private lot property (owned and maintained by the individual lot owner).
General Rule (based on default strata boundaries):
In most Victorian strata plans:
The balcony slab, waterproofing membrane, and external surfaces (like tiles or balustrades) are considered common property, unless the plan specifically states otherwise.
If the leak originates from common property, then the owners corporation is responsible for repairs and for damage caused to the unit below.
What to check:
Strata Plan (Plan of Subdivision)
– It will show whether the balcony is inside the lot boundary or part of common property.
– Look for notations or diagrams—usually, boundaries defined by the inner face of walls mean external surfaces (like balconies) are common property.
Owners Corporation Rules or Special Resolutions
– In some developments, owners may have passed a resolution making individual owners responsible for maintaining their balconies, even if they're part of common property.
Evidence of the leak source
– If the leak is due to failed waterproofing or cracks in the slab, it’s likely a common property issue.
– If the leak is due to owner-installed fixtures, planters, or improper cleaning causing water pooling, the owner of the balcony above might be liable.
Summary of Responsibility:
Source of Leak Likely Responsible Party
Failed membrane or cracks in balcony slab (common property) Owners Corporation
Balcony part of private lot and leak caused by owner's actions Lot Owner (above)
Pipes embedded in common property Owners Corporation
Planters, hose, or poor drainage caused by owner's use Lot Owner (above)
If you're unsure, it's best to:
Review the Plan of Subdivision;
Get a plumber or building inspector’s report;
Seek clarification from the Owners Corporation manager. |
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Kylan的成长日记之早教中心－P36/1068 (2010-8-29) 蒲公英 
楼主:zhengguangwei
发表于 2023-10-7 16:59
