Body Corp Cost / Flooding in balcony

[nasirazad]

Hi, an new to this site. had 2 questions and was wondering if someone can shed some light around it.

1) we bought a apartment in Botany Downs last year. our body corp fee is around 5K. speaking to few owner who live in another block of apartment similar to our and there body corp fee is around 3.5. facilities wise and service provided to both apartment are similar. my question is, can you opt out of the body corp or can the fee be disputed if compared to other apartment?

2) our balcony always gets flooded when it rains, not a huge amount but quite a bit that I have to brush off. there is a pipe but not all water gets drained down because of the way the falcony floor is sloped. question is, is it something the body corp should fix or owner?


thanks for reading through and your input.

thanks

Nas

[PTILoveYou]

1) you need to check the make up of the body corp fee. How much is the maintenance levy in the BC fee? This can vary a lot depend on the apartment
1) no you cannot opt out but you can challenge. Given you are a small minority, it will be hard to challenge unless you get other owners on board.
2) ask the body corp

[nasirazad]

Thanks Gary. re question 2, I should have been more clear around it. I did ask but they advised it not covered. My concern was that "its outside of the apartment" and should be sorted by body corp.

[PTILoveYou]

Thanks Gary. re question 2, I should have been more clear around it. I did ask but they advised it not covered. My concern was that "its outside of the apartment" and should be sorted by body corp.

Well that's a tough call, you really need to check the title or the body corp rules and see what the BC looks after and not.

Since your balcony is your exclusive use area, it is reasonable to assume each owner is responsible for that... but in saying that, if the balcony is leaky, ie water entering into the exterior wall, I think BC will be looking after that.

[SometimesSane]

When you bought you should have been informed about the Body Corp.
Basically you and all the owners are the Body Corp.
The body corp must have Annual General Meetings every year where all the accounts and budgets are presented.
If there are more than 10 units then there must be an elected body corp committee. You are eligible to be on the committee and therefore be regularly communicated with on any unbudgeted expenses etc.
The body corp employs a body corp manager that deals with the day to day paying of bills and maintenance.

To answer your question you need to search up the unit titles act 2010
Clause 138 determines that the infrastructure of the building is the Body corps responsibility although clause 126 of the act enables that costs that are to the benefit of only one or some but not all of the units can be recharged back to the units that have benefited.

In short they can fix it but you pay.

HOWEVER I'd be very concerned if you balconies are flooding. Generally this can cause water to get under the cladding giving you leaky building issues. Just look at the apartments that back onto botany town centre,

[artemis]

Lots of reasons why the BC levy differs between complexes. Suggest make sure you go over the accounts and minutes to check how much is going where.

The balcony could be common property or an accessory unit. The title will tell you. If it is an accessory unit it is your responsibility to maintain. If it is common property, it is BC responsibility to maintain BUT there is provision in s 126 the Unit Titles Act for them to pass the cost on to you in some circumstances.

[John the builder]

agree with other above

even if it is common property if you get the benefit of the deck then you pay

when you say 'flooding' do you mean water ponding or do you mean overflowing?

what is the construction concrete or timber?

[klauster]

Buying an apartment - you should have a disclosure statement with financials, explaining levies included. You can get from the BodyCorp the latest AGM meeting minutes, confirming the budget, levies and payment schedule.

Your unit title should show who owns the balcony.