This topic contains 2 replies, has 3 voices, and was last updated by Jimmy-T 1 week, 4 days ago.

Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #36926
    Avatar
    Amazed
    Flatchatter

    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.
    #36930
    Jimmy-T
    Jimmy-T
    Keymaster

    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.

     

    #36965
    Avatar
    harmonious
    Flatchatter

    Same for us… I rang the insurance company direct and they said submit all costs of repair with the plumbers report etc and they’ll assess it. This is exactly what I insisted the Strata Manager do

    The insurer covered it… they paid for drying of carpet, floor board repair, cupboard repair, painting etc in 2 affected lots

    The Strata Manager is not an insurance assessor so don’t accept their say so.

    #37098
    Avatar
    Amazed
    Flatchatter
    Chat-starter

    Many thanks for that.  Will do and will let you know how I go!

Viewing 4 posts - 1 through 4 (of 4 total)

You must be logged in to reply to this topic. Login Register