[kentstreet]

Thanks so much Jimmy for your informative advise. I just couldn't understand from what I had been advised that the conflicting view of the body corporate made sense and suspect as I am young they were just hoping I would let it go rather than take action so am very
grateful for clarification. I have now corresponded with solicitors who again re-inforced that I am entitled to compensation and the first step is to send a letter of demand to the body corporate and take it from there.
A bit more information for you – As I was away my mother (who also owns a unit in the building) became involved in my absense.
The building's cleaner did  “clean” the carpet during my absense after the
sewage spill but there was still a bad smell so my mother made calls to 
specialised  carpet cleaners who said they couldn't do anything as Australian Standards stipulate that sewage damaged carpets cannot be cleaned for health reasons as it takes very high temperatures to kill the germs which is not possible with carpets.  She then informed the building manager of this. The carpet in the common area outside my apartment had already been removed. My parents requested immediate help in taking up my carpet and cleaning the laundry as there were little bits of toilet paper etc under the sink and washing machine – and it also posed a  health risk from microbial contamination. The building staff were helpful in this matter and washed the laundry floor and concrete floor with disinfectant and metho after the affected carpet was removed. The building manager has also organised now for yearly inspections of the pipe to avoid a recurrence of future blockages.

There is still however a mouldy smell in my apartment and the common area outside so I am unconvinced the cleanup is all it should have been. I had belongings on the floor and in the bottom of the linen cupboard which had green and white mould / bacteria growing on them so they were thrown out. They were not of significant value however so it is only the replacement carpet that I am concerned about being compensated for. My mother ran into the building manager after the executive committee meeting who advised her they would direct me to try and claim through their insurance however this seems a “cop out” as we had already been advised previously their insurance would not be responsible for my carpet as it was not a fixture and  would only be responsible for the skirting boards which are a fixture and have very slightly buckled. To replace them however would mean repainting which apparently again would be at my own expense so I would rather they remained.
My mother then requested to speak to the executive committee chairman who was sympathetic but basically seems to think if they compensated me it may only make the other owners reluctant to get contents insurance and did not seem to understand the body corporate would be liable.
After now clarifying that they cannot just dismiss liability, I now have the
confidence to get a solicitor as advised to draft a letter and follow this matter through. I will also foward your email.

At this stage I am still keen to reach an amicable solution as I cannot see how court action would benefit anyone, but cannot understand the sense or any ethical or legal justification in refusing my original request for fair and reasonable compensation.

Thanks again for your interest and advise.

[Author]

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