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[dp15]

Hi, I am a one of the executive committee member of owner’s corporation living in NSW. We have block of around 30 townhouses. Recently,when I received expense report from my strata manager, there was a specific repair about ducted aircondition of a specific unit.

Expense was claimed from the insurance by the strata manager and excess was passed to owners’ corporation. When I raised a question that while ducted airconditioning is serving individual lot, then it is that perticular individual’s responsibility to get it repaired. Out strata manager answered me “under normal circumstances the air conditioner would be the responsibility of the individual lot owner to repair/replace, however, in instances of fusion these are put forward to the strata’s insurance company for consideration under policy.  (fusion caused by uncontrolled events). This is something that the insurance companies have always done.” Then when I asked him another question: “why that owner is not responsible to paye excess for insurance claim?” and I got reply like: “The insurance policy is in the name of the Owners Corporation and not an individual.  There is no provision for a lot owner to pay for excess as they form part of the owners corporation.”

 

I am not satisfied from the response. Strata law says that if airconditioning is serving a individual lot, then responsibility is on the individual owner. But, it doesn’t mention “DUCTED AIRCONDITIONG SYSTEM.”

I want to clear my doubts on these topics:

1)Is ducted air conditioning repair owners’ corporation responsibility?

2)If not, but it covers under building insurance taken by Owners’ corporation, then owners’ corporation is liable to pay excess or individual lot owner?

 

Hoping some solid reply with the legal facts so I can counter strata manager.

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