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To repair a leaking pipe (discovered leaking through the ceiling of the unit below) in the slab floor of my bathroom has meant the entire demolition of the bathroom and its complete rebuild. The pipe repair work has been paid for by the owners corporation because it is not covered by the building’s insurance. My landlord insurance does not cover any costs because it is not considered an insurable event and I am now out of pockets for tens of thousands of dollars plus the cost of relocating the tenants for 4 weeks while the bathroom was demolished and rebuilt. I have requested reimbursement of costs from the strata committee and they have come back to me asking me to explain to them what “my rights are” to be reimbursed.
I will search the relevant strata acts etc but any help is greatly appreciated.
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Your rights are that due to a defect in the common property you no longer have a bathroom, therefore they have to pay to have it replaced.
You are also entitled to the costs associated with your tenants.
That is because your loss was caused by the fault in the common property.
It sounds like it is too late but you should have sorted this out with them before they ripped out the bathroom.
They should check with the strata insurer as to whether the insurance covers it.
Come to think of it that makes sense.
Well that’s your answer, your property was damaged because of a defect in common property, the OC has to reinstate it.
Then you should send the owners corp the bill and make a claim through the courts if they won’t pay. Just becasue something isn’t covered by insurance doesn’t mean there is no liability. There is no way that you should be the only one who suffers due to a defect in common property.
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Hi all
Correct me if I am wrong but in NSW Sect 122 (6) of the act states if any lot or common property is damaged during works undertaken they must be replaced.
An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this unless the damage arose because the owners corporation was obstructed or hindered.
I am not a lawyer, I am an owner who is going through the same issue. Good luck.