Forums Common Property Current Page

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  • #80655 Reply | Quote
    marii
    Flatchatter

      First post, I’m in Melbourne Victoria.

      The plan of subdivision for the lot I’m looking to buy includes the roof. Needless to say this has surprised me. I understand this means I would be responsible for all maintenance, though the liability/insurance of this roof is actually what worries me.(This is NOT exclusive use, I own it as part of my lot)

      I have not signed a contract yet.

      How do I get insurance cover for liability? I’m specifically looking for something that would protect me if a leak damaged the apartments/common area.

      If the things leaks and destroys an elevator for example (part of the roof is directly over the elevator shaft)

      Needless to say all the insurance brokers I talk to suggests they will not cover this as it is “part of the building”. Um, it is part of my lot in this case.

      Strata insurance is telling me the cover the roof from “insurable events”. Though the policy also says “common area” while the roof is solely owned by me.

      Yeah, just a bit confused on insurance here. Is there any professionals that could help me with this?

    Viewing 7 replies - 1 through 7 (of 7 total)
    • Author
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    • #80662 Reply
      Jeremy_167
      Flatchatter

        Given the roof is defined as part of your lot and not common property, you are individually liable for its maintenance and potentially for consequential damage to other parts of the building. This makes your situation atypical in strata ownership.

        The challenge is that most building insurance assumes structural components like roofs are under the body corporate’s remit. You will likely need to obtain bespoke coverage from a broker specializing in complex or non-standard strata property. Consult a solicitor with expertise in Victorian strata law before proceeding with the purchase. This is not a risk you want to walk into blindly.

        2 users thanked author for this post.
        #80702 Reply
        optusJo
        Flatchatter

          Is there anything at all on the roof? I had a deck in the roof and wheel it was removed I had to go to vcat to get it reinstated.  The advice was a reputable builder would know all the safety regs and permits etc.

          so having a builder report might help the insurer/insurance.

          Do you know how long ago the roof was replaced?

          #80737 Reply
          marii
          Flatchatter
          Chat-starter

            Is there anything at all on the roof?

            Do you know how long ago the roof was replaced?

            There is a deck. The deck itself looks like it is fairly new.

            The roof was put in place in 1995. I just had roofing specialists that a look today. They say it has another 30-40 years on it.

            The roof needs a lot of work it seems. We will have to negotiate on the purchase price. We are looking at 125k+ to bring it up to code and repair existing issues.

            It is actually in fairly good condition. Just old, a bit leaky, and really high up.

            Generally they suggested any leaks would do more damage to my property than anything. They are very surprised the balcony isn’t leaking into the apartment below already.

            Surprised the initial building inspection didn’t catch most of these issues.

            #80741 Reply
            Jimmy-T
            Keymaster

              There is a deck. The deck itself looks like it is fairly new.

              That might explain why the responsibility for the roof has devolved to the lot owner. It was probably a condition for the installation of the deck.

              If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
              #80742 Reply
              Jimmy-T
              Keymaster

                The initial question was how do you insure it. Firstly, there is no obligation on your part to insure lot property. If you are concerned about damage to common property from leaks from your roof, that may be covered by strata insurance in any case. The question remain, would the insurers come after you for the cost of the repairs? I think there are so many grey areas here that your real question is “do I choose to worry about this or not?”

                If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
                #80743 Reply
                UberOwner
                Flatchatter

                  Don’t assume it will be easy to even get bespoke insurance for this situation.  In my building, we had a claim a few years ago for a burst pipe that caused some damage.  The result is that when we went looking for insurers to quote, most said they were not interested in insuring us.

                  I’m really peeved with the insurance industry at present.  We hear stories about uninsurable properties in flood zones and so on, but we don’t hear much about insurers that simply can’t be bothered to insure someone because their situation doesn’t fit into a standard model.  I’ve heard it said that you can always get insurance – it just depends on how much you want to pay.  I don’t believe that any more.

                  #80779 Reply
                  optusJo
                  Flatchatter

                    (This is NOT exclusive use, I own it as part of my lot)

                    How many lots are affected by the roof – just your unit?
                    Was the roof “acquired” as part of getting the deck?  If so  you have a record of this?

                     

                     

                  Viewing 7 replies - 1 through 7 (of 7 total)
                  Reply To: Reply #80779 in Roof part of my lot – how do I insure it?
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