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[Captain Kayak]

Hi, several lot owner apartments suffered water damage following a recent fire wholly within an apartment above us.  The intensity of the fire caused water pipes to rupture.  These pipes passed through common property walls and led to water running down unit interior gyprock walls, flowing into the ceiling cavity and eventually pooling on the concrete floor slab.  The owners corporation (OC) engaged a company that specialises in  ‘fire, flood & water damage restoration’ to dry out our unit in our absence.  The invoice for drying out the apartment has been forwarded to us for payment.  We understand that generally, a lot owner is responsible for carpet replacement and we are in the process of replacing carpet at our expense.

Is the OC responsible for the water leak damage even though it was a direct result of a fire wholly confined to a lot owner?
Is the OC responsible for the drying out of units due to water originating from common property?

In our case, the professional ‘drying out’ was unsuccessful in preventing damage (stains, mould) to our carpet.  Water damage also occured to orginal timber flooring, gyprock ceilings, light fittings & walls despite the professional ‘water damage restoration.’  The OC has agreed to repairs, replacement and repainting of gyprock walls & ceilings, original timber flooring, but will not pay for the professional ‘water damage restoration’ (drying out).

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[Jimmy-T]

Captain Kayak wrote:

We understand that generally, a lot owner is responsible for carpet replacement and we are in the process of replacing carpet at our expense.

I think there is a long line of liability before you get to paying for anything yourself, including your carpet.  If you don’t have home and contents insurance, the upstairs neighbour’s insurance and perhaps even the strata insurance might be liable.  I would be passing the bill to the upstairs neighbour and calling my own insurer before I did anything else.

The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.

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