› Flat Chat Strata Forum › Common Property › Who pays the repair costs from damage due to bathroom leaks upstairs? › Current Page
… perhaps s.106 (5) SSMA should be considered …
Which says:
(5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
Just apply for mediation at Fair Trading with a view to recovering all costs incurred due to a failure by the Owners Corporation to maintain and repair common property. They should have been more on the ball when chummy upstairs was ripping out walls and floors.
They can then recover the costs via their insurance. High excess payments are the most pathetic of excuses for not fulfilling their stautory duties. When it comes to insurance, you don’t get what you don’t pay for.
High excesses are only a good idea when all the other aspects of building maintance and management are properly seen to.