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Topic
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I live on the fourth floor of a 7 year old building( Sydney). The builder / developer went bust so the OC is paying for $1.5m worth of building rectification due to bad construction. My unit was badly affected by water ingress( at the start of 2021 )through windows and down the walls . Water came up through my floorboards and damaged them. My insurer says strata is responsible to repair them but the Strata Manager says it’s not.The floor boards were installed in the building process but are a variation to the original plan. Are they considered common property and should they be covered under the rectification works?
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Hi Longlines, The Strata Schemes Management Act 2015 sect 100. makes it clear that the owners corporation must maintain common property and if they don’t and damage is caused to a lots property then the owner can seek damages. But you have only two years to do that. Basically they failed to maintain common property (it leaked, so that shows it was not maintained) so they are responsible for the damage caused. so if you are within 2 years get them to cover the costs or go to NCAT for a ruling.
This should be covered by the Strata Scheme’s insurance. Tell the strata manager to contact them and progress the claim.
There is no 2 year limit.
If your strata insurance does not cover your floorboards ask for a letter of no coverage. You can then give it to your contents insurer and they should cover your claim.