kentstreet said:
The executive committee meeting … advised they would direct me to try and claim through their insurance however this seems a “cop out” as we had already been advised previously their insurance would not be responsible for my carpet as it was not a fixture and would only be responsible for the skirting boards which are a fixture and have very slightly buckled.
To replace them however would mean repainting which apparently again would be at my own expense so I would rather they remained.
… the executive committee chairman was sympathetic but basically seems to think if they compensated me it may only make the other owners reluctant to get contents insurance and did not seem to understand the body corporate would be liable.
Whoever you are dealing with in your Owners Corporation seems to have very little knowledge of strata law. They have to pay for the paintwork that is required after they have repaired the skirting. Whatever they damage, directly or indirectly, they have to repair – they are confusing responsibility for wear and tear with responsibility for damage.
Talk to a lawyer about sending a letter of demand. You don’t have to claim through their insurance – the Owners Corp do … after they have fixed your apartment which should be their priority.
And send a motion to the next EC meeting demanding that the office-bearers either undertake some basic strata training (there’s plenty around) or get their strata manager to advise them on the correct procedure before they start giving incorrect and costly advice to owners.
You are 100% in the right on this and they are 100% liable. To quote the Urban Spaceman 'go them' if only to teach them a lesson about getting things right rather than coming up with bullcrap about who's responsible and who isn't.