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I own a unit in the ACT
My unit incurred water damage (from rain) due to a building defect in the unit above.
After much delay, the defect was repaired by the strata under the guise of builders warranty but it took some time to actually get it attended to.
As a consequence, I incurred damage to the units contents, specifically the floating floorboards. Because of the delays in getting the matter attended to, largely between Strata and the Builder, the floorboards have now started lifting. Estimates to repair the damage is in the order of a couple of thousand $.
The builder has indicated its not his problem. Strata referred it their bld insurer who rejected the claim. Strata again considered the matter and have advised they would not pay for repairs. Its not covered by my contents insurer who are of the view its a strata issue.
In my mind its pretty simple. An defect issue that is strata’s responsibility damaged my property and irrespective of whether there is insurance, there is an obligation on strata to make good any damage they cause. The damage was exacerbated by the slowness of the Strata response
Am I right?
I am thinking of putting it to the relevant tribunal in the ACT to make a determination but am I on a ‘hiding to nowhere…’ I appreciate that it may be better to cut my losses, but it has become a matter of principle………
