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Boundary of lot

In Victoria, an owners corporation (or body corporate) is responsible for maintaining common property, while lot owners are responsible for maintaining their own lot. The boundary between the common property and private lots is specified in the plan of subdivision. In all plans of subdivision, the boundary between common property and a private lot (or one lot and another lot) is the middle of the wall, unless the plan of subdivision indicates otherwise. In newer plans of subdivision, the boundary is often the building line (i.e. the exterior point at which a building starts).

You should review the plan of subdivision for your complex to determine where the boundary lies. A copy of the plan of subdivision can be obtained from the Victorian Department of Transport, Planning and Local Infrastructure (www.dtpli.vic.gov.au). Fees may apply. If your lot includes the balcony wall, then you are responsible for maintaining it and repairing any damage. Furthermore, as a lot owner, you are also required to properly maintain in a state of “good and serviceable repair” any part of your lot that affects the outward appearance of the lot. If the damage to your balcony wall is noticeable from the outside of your lot, you may be legally required to repair the damage.

Your owners corporation will have an internal dispute resolution procedure. You can lodge a complaint in writing with the owners corporation under their internal dispute resolution procedure. If this is unsuccessful, you can lodge a formal complaint with Consumer Affairs Victoria (www.consumer.vic.gov.au). CAV can provide conciliation and mediation services to help resolve the dispute. If this is unsuccessful, you can apply to the Victorian Civil and Administrative Tribunal (www.vcat.vic.gov.au) for an order resolving the matter.

Structural defects

Structural defects are usually covered by one or more warranties and guarantees under state and national law. This means that a builder may be required to fix a structural defect (or pay compensation to the value of the defect) that has been caused by their poor workmanship, depending on how long ago the building was completed. Domestic building insurance, which must be held by builders for all jobs valued over $16,000, usually covers the costs of structural defects for 6 years and non-structural defects for 2 years. Insurance may also cover builders who have become insolvent. You should contact Consumer Affairs Victoria for more information on building warranties and insurance.

Suggested way forward

You should start by reviewing the plan of subdivision for your complex. Resolving owners corporations disputes can be complicated, so you may want to speak to a property lawyer who can advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.