› Flat Chat Strata Forum › By-laws and outlaws › By law forcing owner to pay Insurance excess › Current Page
Hi CupOfC: for your info, the strata roll is merely a list of names and addresses of each lot owner in the strata plan. It is not a record of correspondence (emails, text messages, letters, meeting minutes) which you seem to be seeking.
There is no such thing as secret info which only the strata committee can see. Any owner is entitled to request a viewing of the records of the owners corporation. The process for requesting that is also explained the Strata Schemes Management Act 2015 (NSW) (SSMA 2015) under the heading “Part 10 Records and information about strata schemes”.
If the strata committee conducts a meeting, the meeting agenda has to be distributed to all owners, even though only the strata committee will be making the decisions. It is explained the Strata Schemes Management Act 2015 (NSW) under the heading “Schedule 2 Meeting procedures of strata committees”.
If that grey water waste pipe services more than one lot, then it is common property. The owners corporation is responsible for all common property. See Section 106 of SSMA 2015. The only exception would be if they can prove that the lot owner is responsible for the damaged common property.
The owners corp can choose how they pay for the repair of the common property. If they choose to make an insurance claim, the owners corp pays any applicable excess.
I can’t see how a by-law giving the owners corp has the option to decide who pays insurance excess makes sense. If it is common property and the lot owner did not damage it, the owners corp pays for its repair.
If the lot owner is responsible for the damage, the owners corp should bill the lot owner for the total repair cost. It is ridiculous to make an insurance claim and blemish the owners corp’s insurance claim record.
Here is what I think happened. Owners corp does not have the funds to pay for this repair. They look at making an insurance claim. They don’t have the funds to pay for the insurance excess either. They invent a by-law that allows them to pass the cost on to the lot owner.
If you do a search ON THIS WEB SITE for “lawyer in the hot seat”, you will find a two part interview between Jimmy-T and a strata lawyer. In part two of the interview, they talked about a costs by-law for recouping legal costs from an owner. The lawyer said such a by-law is invalid.
Your situation is different. So you really should contact a strata lawyer and tell them your story. As much as I love reading the opinions of others on the forum, NCAT will decide according to the Strata Schemes Management Act 2015 (NSW). A strata lawyer should know how this would apply in your case.