Hi, our strata block was built in 2004. Recently our Private Lot was water damaged from an obvious water leak coming from and through a Common Property wall (boundary wall) within our unit. We have been told by the Strata Manager that the Owners Corporation is not responsible for the cost to repair the water damage caused to the plaster and paint on our side of this Common Property wall and that this is the Lot Owners responsibilty.
Luckily the leak occured in a tiled laundry and not our living area with carpet, otherwise we would be left with the damaged carpet expense as well. I know these costs would be ours under normal “maintenance” circumstances, but surely if there was damage from a water leak clearly coming from a Common Property wall, any subsequent damaged caused to our Private Lot should be the Owners Corporations responsibility through an appropriate Insurance claim? Any thoughts on this would be much appreciated!
This topic was modified 1 week, 4 days ago by Jimmy-T.
Apparently you can by-pass the Owners Corp completely and approach the strata insurers directly. Give them a call and see what they say.
The “no fault” interpretation of damage cause by a failure of common property is a weird quirk of strata regulations that has bugged me for years. I still think it’s worth pursuing with the insurers or the OC itself – especially if you can show that negligence by the OC contributed to the leak or the damage from it.
However, the government’s “who’s responsible?” document clearly states that the OC is responsible for the damage caused in repairing a leak but not for the damage caused by the leak in the first place.