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Topic
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My unit in a 60 unit strata has ducted air conditioning installed wholly internally under a special bye-law approved by the owners’ corporation ~10 years ago. Did the approval of the bye-law automatically include the A/C in the building insurance, since it is a fixture?
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It’s accepted by all strata insurers that ” if you turn the building upside down, anything that does not fall out is a fixture ” and hence is covered in the strata insurance policy. It’s just one of those strata things.
So some people will say ” that’s not fair, I’m paying insurance premiums for someone’s installation”
It’s actually specified in section 163, 3(a).
I am Victoria. I had an issue with my OC. My tenant broke the shower base and water leaked down the stairs. The OC sent a plumber and all the costs where not covered by insurance. They said shower base is not part of the building. So my landlord insurance said it’s the OC insurance cover that but they did not. So I had to pay all costs as the Oc started put arrears every month. What is your thoughts?
Hi Frazer,
In Victoria, the boundary of a lot will be interior, median or exterior face. The boundaries between floors is most likely either interior or median and in either case the waterproof membrane is most likely a lot owner responsibility. This has been determined by VCAT a number of times but will depend on the interpretation of your plan. In addition, it is more likely that it was the failure of the membrane that caused the damage of the water leaking that is the subject of the claim rather than shower base itself.
Membranes fail overtime and is not considered an accident; hence it is not covered by insurance.
With respect to the shower base itself, you could ask the insurer why the shower base itself was not covered.