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My apartment balcony is leaking into the apartment below. It
My apartment balcony is leaking into the apartment below. It turns out the fall of the balcony isn't sufficient and therefore water isn't draining properly and is deteriorating the membrane. If the fa… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
My rental property has been in dispute with the builder for
My rental property has been in dispute with the builder for 4.5 years. The matter has been adjourned again. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
Bought a property off Willow Lodge Dandenong 10 yrs ago,and
Hi bought a property off Willow Lodge Dandenong 10 yrs ago,and recently had the roof replaced coz of constant leaking water into the bedroom and coldness,Willow Lodge had used second hand building mat… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
The apartments above me and next to me had a water leak @10
Hi, the apartments above me and next to me had a water leak @10 months ago. I was not notified. The tenant next door complained of mould. Builders fixed windows, skirting boards, pipes, removing throu… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
This is a fairly complex issue with (Government) building
This is a fairly complex issue with (Government) building recladders - ARC, body corporate, ARC's Broker Claim company (Integrated Technical) and me (apartment owner). Flooding of my apartment due to … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
How are you...? I am a Tennant and have rented the house im
Hi how are you... ? I am a Tennant and have rented the house im in for about 11years there was a water leak in 2 spots in our roof one being in my sons room the real estate was notified several times … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
I have an issue with the Real estate looking after my home
I have an issue with the Real estate looking after my home ,about 13 yrs ago i left my home to travel around and be a bit closer to some family members. Anyway the house is in NE Victoria and i am cur… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
Who pays.. i have an apartment and within one year mould has
who pays.. i have an apartment and within one year mould has formed in mine and an adjoining apartment. Leak tests which i have paid for find the balcony above has a damage water proof membrane. added… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
In Qld my brother owns the top unit in a 3 storey walk-up.
Hi John. In Qld my brother owns the top unit in a 3 storey walk-up. The ceiling above his bacony patio area is failing and falling down. Is this a body corp issue because it is external and sort of ro… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
Environmental Lawyer. Victoria. Everything possible by
Everything possible by myself. Builder and 2 Government Bodies involved. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
Water is coming into our unit from common property (walls,
Water is coming into our unit from common property (walls, windows, roof and has destroyed the hobs) - this is against the Water and OC Act. Builders and flood tests say balconies are not to blame, bu… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
I am just wondering if balconies on individual apartments
I am just wondering if balconies on individual apartments and the cladding on the outside walls are the legal obligation of the owner of each apartment or the body corporate? … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
I have not spoken to the tenants for at least a year other
Hi Daniel I have not spoken to the tenants for at least a year other than a text when I threw a ball up on there balcony by accident and a water leak that I wanted them to check again via text It is n… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
Back in January 2016 I had a leaking balcony at our private
Back in January 2016 I had a leaking balcony at our private residence. I engaged a builder to strip the existing balcony and had him relay Hardies scyon exterior flooring and he installed it as per the suppliers specifications. I then engaged a tiler to give me a quote on waterproofing the decking and laying of tiles (which I supplied the tiles). He inspected my balcony and I was told that he could undertake the job which included supplying and installing a waterproof membrane to balcony area, expansion joints and supplying of all other materials to complete the job. He undertook the works in March 2016. In June 2017 we had heavy rain on the Saturday, the following day there was water dripping from the underside of the balcony in numerous places and also water leaking through the down lights. I went back to the tiling place where I purchased the tiles and who gave me the name of the tiler to use and they advised he no longer lived in the area and had moved interstate. I finally tracked him down in September 2017 and I sent him an email. I did not get a response until January 2018 when I contacted him again. I explained the situation and he directed me to the web page of the waterproofing membrane that he used. I then contacted this company by email. I received a call back approx a week later and I explained my situation. The rep of the company asked me to contact the tiler and ask him what process he undertook in regards ***** ***** laying and sealing of tiles to which the tiler has not responded yet. During this time, in Dec 2017 I contacted another company called Megaseal who came down and inspected the balcony. They advised that the membrane had failed and there were cracks in the grout where moisture had penetrated through and also inadequate sealing around the perimeter of the tiling. I obtained a quote which is $11,000 and they can repair it by removing the grout and injecting a latex solution into the joints and then regrouting with waterproof grouting. This comes with a 2 year workmanship guarantee and 25 year product guarantee. Because time is of the essence and the more rain we receive the more damage is occurring, I want to engage Megaseal to repair and rectify the problem. If I pay a deposit by this Friday 2/2 they can start the works Monday. My question is - if I engage Megaseal to go ahead have I got any financial recourse from the tiler and/or manufacturer; or if by engaging Megaseal waiving my rights for any compensation? Thanks Rob Masut … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
34,418 satisfied customers
I live in apartment which has had flood water damage due to
Hello I live in apartment which has had flood water damage due to water seeping through from my neighbours balcony - it took 4 weeks before the builder contacted me (building is 5years old) I'm trying… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
We engaged SCR Shower Care & Repairs to repair & regrout our
We engaged SCR Shower Care & Repairs to repair & regrout our upper balcony which had caused water damage to the Lower Balcony Plaster & Timber. We neede to waterproof the top Balcony before the Insura… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
We organiesed for Foxtel to be installed at our home. 1 week
We organiesed for Foxtel to be installed at our home. 1 week later it rained and water came through into our kitchen. The ceiling in my kitchen is holding water and is now sagging and has bubbles in t… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
Hello - I am writing from the ACT, where I am experiencing
Hello - I am writing from the ACT, where I am experiencing water ingress through the roof of my home. The property was completed in July 2007. Can you please advise: (a) whether the BCA states that a … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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