#30300
Jimmy-T
Keymaster

    There’s a weird “rule” in the “Who’s responsible …” document that says if there is a leak from common property water pipes, the owners corp isn’t responsible for the damage the leak causes but they are responsible for the damage caused in repairing the leak.

    Now, if you can put together a compelling argument that it wasn’t the leak that cause the damage to the paintwork, but the plumber’s repairs, then the OC has to pay.

    However, and I have been abused from here to New Year for saying this, I believe if a failure of common property causes damage to your property, then you can seek compensation through a small claims court. 

    Send them a bill and when they refuse to pay, take them to court.  Don’t bother with Fair Trading or NCAT, go to your district court. Guess what, they will then claim it against their building insurance.

    In fact, I think I’ve read in another post that you can go straight to the building insurer and make a claim against them – but I don’t know if that’s true.

    Anyway, just tell the committee you’re coming after them for the money and you won’t stop till you get it.  That might do the trick.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.