There is a problem with the breakdown of the waterproof membrane on the balcony floor. The strata manager has informed me that given the age of the building and when the strata plan was registered it is the responsibility of the lot owner to fix it, is this the case? – Caroline, NSW

Q: I am an owner in a strata building. The strata plan was registered pre-July 1974. I live on the 2nd floor which is the top floor. We have just had a plumber report to determine the cause of a leak in the unit below me. The report stated a problem with the breakdown of the waterproof membrane on the balcony floor. The strata manager has informed me that given the age of the building and when the strata plan was registered it is the responsibility of the lot owner to fix it. I would like to know if this is the case. The balcony slab is common property and the waterproof membrane is a mandatory requirement of the building code and protects the integrity of the slab. I would like to ask if that should be an owners corporation or strata responsibility?

A: Generally speaking, strata plans that are registered prior to 1 July 1974 count the balcony as owners responsibility. This means that in most cases, repairs and maintenance of the balcony will fall onto the owner.

It may be worth looking at your strata plan, and by-laws. There may be clarification on which parts of your lot are considered owner property (and will therefore be your responsibility) and which parts are considered common property (which will be owners corporation responsibility).