Owners Corporation Balcony Repairs in Melbourne

What owners corporation balcony repairs in Melbourne actually involves

An owners corporation must repair and maintain the common property. Consumer Affairs Victoria says common property is whatever the plan of subdivision states it to be, and can include gardens, passages, walls, stairwells, pathways, driveways, lifts, foyers and fences; for an unclear title boundary it points to the certifying licensed surveyor. A lot owner must not repair, alter or maintain the common property unless the owners corporation has expressly authorised them to do it as its agent.

Who pays

Where repairs are done wholly or substantially for the benefit of one or some of the lots, the owners corporation can recover the cost from those lot owners, calculated on the basis that the lot owner who benefits more pays more. The Act says this applies whether the works are to the common property or to a lot.

Getting major works approved

An owners corporation needs a special resolution, 75% of lot entitlements on a ballot or poll or 75% of the votes otherwise, to approve upgrading works whose estimated cost is more than twice its annual fees or that need a planning or building permit. Works already provided for in an approved maintenance plan are not upgrading works. Money may be paid out of the maintenance fund for an urgent matter where there are reasonable grounds to believe immediate spending is needed for safety or to prevent significant loss or damage, and a tier one owners corporation (more than 100 occupiable lots) or a tier two owners corporation (51 to 100 occupiable lots) must prepare and approve a maintenance plan, which sets out the major capital items anticipated to need repair and replacement within the next 10 years.

Entering a lot, disputes and reaching the balcony

An owners corporation may authorise a person to enter a lot where necessary to carry out repairs on its behalf on the common property, but must give the occupier at least 7 days' written notice unless the occupier agrees to less or there is an emergency. To start a court or tribunal proceeding it needs a special resolution, except where the amount is no more than twice its annual fees or the relief is non-monetary, when an ordinary resolution is enough. VCAT can hear a dispute arising under the Owners Corporations Act, its regulations or the owners corporation's rules.

Reaching the balcony from the street

Scaffold, a hoarding or an elevated work platform on a City of Melbourne footpath or road needs its own permit, lodged at least 10 business days before the works, and a structural engineer must inspect it once installed and every six months it stays up. These City of Melbourne rows apply inside the City of Melbourne only: check which council covers your street before booking, particularly in Southbank.

Which builder registration covers the repair of an apartment building is a separate question: The regulator lists Class 2 under both registrations; check the builder's class. The main page covers it.

Owners Corporation Balcony Repairs in Melbourne — common questions

Can I repair my balcony myself?

Not if it is common property: a lot owner must not repair, alter or maintain common property unless the owners corporation has expressly authorised them as its agent.

Who pays if only my lot benefits?

The owners corporation can recover the cost of works done wholly or substantially for the benefit of one or some lots from those lot owners, with the lot that benefits more paying more.

Is a maintenance plan required?

For a tier one owners corporation (more than 100 occupiable lots) or a tier two owners corporation (51 to 100 occupiable lots), yes: the plan sets out the major capital items anticipated to need repair and replacement within the next 10 years.