Republic Tower residents allege damaging building leaks were linked to over-watering of soil-filled garden beds on high-rise balconies owned by Mariano Valmorbida and son Adrian. Picture: Mike Keating Source: Herald Sun
A LEGAL scrap has erupted at a ritzy city apartment tower amid claims one of Melbourne's wealthiest families flooded downstairs neighbours with their enthusiastic gardening.
Residents in the landmark Republic Tower allege damaging building leaks were linked to over-watering of soil-filled garden beds on high-rise balconies owned by Mariano Valmorbida and son Adrian.
But the Rich List regulars deny they're at fault, and blame a lack of water-proofing and broader drainage and structural issues for the apparent water woes at the luxury tower.
The dispute recently spilled in to the Victorian Civil and Administrative Tribunal for mediation.
Property developer Adrian - who once made headlines for hiring a crane to lift his Ferrari in and out of a window at a former city pad - lives on an entire upper level of the Nonda Katsalidis-designed tower.
He uses his apartment and his father's adjoining unit as a massive sub-penthouse in the 36-storey development on the corner of Queen and La Trobe streets.
Water leaks into apartments directly underneath the Valmorbida-owned properties were discovered in late 2010 and early 2011.
One downstairs neighbour complained her hall, bedroom and study floors were saturated, and said carpet in another room was also "ruined" because she had to move her large wine refrigerators in there.
The owners' corporation issued notices to the Valmorbidas requesting urgent repairs to stop water flowing from their balconies, then applied to VCAT alleging "poor maintenance and improper use".
A consultant engineer's report filed with the tribunal concluded the leaks were principally caused by over-watering of the Valmorbida garden, but also noted the building's balconies did not appear to be well water-proofed.
Lawyers for the prominent family lodged a counter-suit at VCAT alleging there were broader issues with the building, claiming there was a risk of structural damage to the building if the owners' corporation didn't fix them.
The father and son businessmen are understood to have spent at least $50,000 fixing their balconies since concerns were raised, and want to be reimbursed.
They sought an order that the owners' corporation pay up to $118,000 for rectification works.
The parties attended an all-day mediation session at VCAT on October 30 and are understood to be close to agreeing on a confidential settlement.