I have a water leak in the ceiling that is a fault of the waterproofing of the balcony above. Would that be considered common property issue and thus for the owners corporation manager to handle or otherwise? – Ingrid, VIC

Q: I have a water leak in the ceiling that is a fault of the waterproofing of the balcony above.
Would that be considered common property issue and thus for the owners corporation manager to handle or otherwise?

 

A: In Victoria, ceilings are shared between owners of the above unit and below unit. According to Water Act 1989 (Vic), the owner of the unit above may actually be responsible for water damage the ceiling of the below unit.

However, an examination of your building’s plan of subdivision will be required to determine exact boundaries. We recommend you refer to your building rules or get in touch with your owners corporation manager for clarification as owners corporation property rules will vary.