Apartment Balcony Maintenance

Arklow10

Hi all. I am an apartment owner with a balcony. The balcony is floored timber decking supported by steel RSJ's with a steel railing. I have exclusive use of this balcony. which is now showing signs of deterioration. I am trying to clarify who is responsible for this maintenance/repair of this wooden decking. Is is the owner or the Management company? The main complex lease says it is included within the Common areas and if this is the case it is the Management Company responsibility to maintain it. However the Managing Company & Managing Agent say whilst the balcony is a Common Area, the owners have a 900 year lease for sole usage of their own balcony and it is the responsibility of the apartment owner to maintain this timber decking according to the normal procedures of looking after wood decking areas. I have never serviced this area i.e. treated it with wood perseverative etc. Never thought about it previously. 
I am interested to know please what experiences any may have of this issue and how best to resolve whose responsibility it is for the maintenance the balcony timber decking. The Management Company via the Managing Agents take care of many other Common areas e.g. painting of walls, external window frames, cleaning etc. There are just a few balconies in this complex.

Xterminator

IMO a lot of this is down to the wording of your lease and the legal interpretation of it.

Hence there is no fixed rule, as your contract is unique. Get legal advice.

Draco

YMMV, but in the apartment I owned, maintenance of the balcony other than painting was my responsibility. While I was there we were made replace the boards as they'd reached a certain age and there were dire warning that if there was an accident it was our responsibility. It was all in the contract with the management company.

DonalHoran

I own an apt with 2 balconies both with decaying timber boards.
During the Winter period the timber surface is very very dangerous underfoot & extremely slippery.As per the advice you were given,replacement & maintenance of the decking is a matter for the owner. Recently I replaced one balcony with composite decking - a mix of wood/plastic & it looks a fine job/estimated to be longwearing.Best of luck to you.
Best Regards

Dav010

Though technically a common area, in reality you are the only one who has use of it for obvious reasons. Surely you are the only beneficiary of improvements being made to the balcony, so perhaps consider why you expect other owners to pay for something they can’t use.

Baby01032012

Xterminator wrote: »

IMO a lot of this is down to the wording of your lease and the legal interpretation of it.

Hence there is no fixed rule, as your contract is unique. Get legal advice.

This is the only true answer OP.

I’m a managing agent. Every development is different, it’s down to the wording in the lease and constitution as to what constitutes the apartment and what common area.

If you disagree with the management company/ agents view seek legal advise or/and raise it at the agm.