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We own a small one bedroom apartment in Sydney that had some water damage to part of the ceiling above the kitchen.Our managing agent bought in a plumber who cut a hole in the ceiling,found the leak and fixed it,all good.Body Corp. paid for the repair. The body Corp. is saying the hole in the ceiling is not covered by them and to claim it on our Landlords Insurance.Our insurer is saying the ceiling is part of the building and Body Corp. should be paying for the repair.Insurance will only pay for the ceiling repaint.Who’s right?
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The ceiling is common property so they have to repair it. Repainting should be covered by home contents insurance.
Suggest your strata manager and/or EC acquaint themselves with the Who’s Responsible … document prepared by the Department of Lands, Fair Trading and SCA.
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If the water leak through the ceiling damages the contents of the home unit, whose responsibility is it to pay for the replacement of the damaged furnishings?
It depends who’s responsible for the leak. Most times you would claim on your home and contents and bill the culprit (the Owners Corp or the upstairs neighbour, depending who is culpable, for any excess you might have on the claim).
If your insurer refuses the claim or if you don’t have insurance, then you would bill the Owners Corp or the upstairs neighbour for the damages.
NB: This isn’t really a strata law issue – it’s more of a small claims court deal.
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