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[Jimmy-T]

One of the big questions around the recent Mascot Tower problems was why didn’t the building insurance kick in, rather than the state government having to bail the owners corporation out with emergency funding.

The simple answer is that it looked very much like a building defect and that’s not covered by ordinary strata insurance. So what is strata …
https://www.flatchat.com.au/podcast-everything-you-never-knew-about-strata-insurance/

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[Jimmy-T]

The podcast is now also available on Youtube:

https://www.youtube.com/watch?v=hYuceKMkp8Y

 

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.

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[mands]

I have water damage in my unit which is currently tenanted. I payed for an independent building inspection, and the report said  the water damage appears to have been coming in from outside, but further investigation should be done. I have not provided this report to the strata manager yet. I asked the manager to have the damage assessed, and she emailed me to say she would ask a committee member to “have a look”. He then replied that there was a gap in corking around the window of the unit above. When I asked the strata manager for an update as to whether the committee would approve further investigation, the strata manager replied that the gap in the window seal above has been rectified.

Is is this an admission of “fault”?

Is the damage to my unit covered under the strata building insurance or body corporate insurance?

What do I do if the strata manager denies further investigation of the source of the water damage?

what is she denies an insurance claim?

This is the first time I have posted here, I’m new to this!

The emails and phone calls to the strata manager have been going on for two months with no progress, very frustrating!

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[Jimmy-T]

Welcome to the forum.

To answer your questions:

Is is this an admission of “fault”?

Sounds very like it. Windows are common property (unless your block is pre 1994).

Is the damage to my unit covered under the strata building insurance or body corporate insurance?

They are the same thing.

What do I do if the strata manager denies further investigation of the source of the water damage?

Why do you need further investigation (unless the issue has recurred)?

What if she denies an insurance claim?

If you had listened to the podcast, you’d know that you can go ahead and make a claim on the strata insurance yourself – you don’t need to wait for the strata manager or committee member to get their butts in gear.

Go on, have a listen now, if you don’t believe me. It’s very informative (not least about the different types of insurance).

That said, don’t be surprised if someone says that damage caused by a failure of common property is not the responsibility of the owners corporation.

This is highly debatable. Forget strata law, under common law it surely must be.

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.

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