@JimmyT said:
In very simple logical terms, if the OC’s insurance covers most of the claim then the OC is responsible for the excess.
I’m afraid I agree with Kangaroo here Jimmy.
The Strata insurance covers the rebuilding cost of the whole lot common and lot property and so just because the insurance accepts reasponsibility dosn’t mean that it’s Strata reasponsibility to cover the excess.
Whether the splashback is o/c reasponsibility is a moot point but I would agree with the SM origional decision. Why should the O/C have to pick up the excess for every minor damage caused within the lot. I tend to belive residents should accept reasponsibility for their own actions and not expect others (O/C) to fix every small problem they have.
Why should owners who are carefull and respectfull of the property have to subsidise owners who don’t give a dam and expect the O/C to pay for everything.
The QLD act covers this situation fairly IMHO
3) For an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability.