#12894

Hi Hasbean

The water pipe will be common property so long as it is not for the exclusive use of one lot. I assume it is common property otherwise the owners corporation’s insurance would not have paid you.

The fact that the carpet:

– in your bedrooms was not covered by the OC’s insurance; and

– was covered by your insurance,

does not exonerate the OC’s liability to compensate you for all damage to lot property caused by defective common property.

The OC is liable to you for your losses and you are entitled to recover such losses from the OC (including the excess). Whether or not the conduct of the OC is normal is not relevant.

Indeed, I would expect your insurer to consider recovering monies paid to you from the OC.

Regards

 

Chris Kerin

Senior Lawyer
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TEYS Lawyers
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