#26833
Cosmo
Flatchatter

    Hi Bonnie, just to reinforce what Jimmy said.  I have never heard of an insurance company being proactvie in the way you describe.  It is very much more in their interests just to not pay out when you claim.

    Our strata had a problem with balcony railings.  The railings were compliant with the relevant safety codes when built.  However since then we had some work done on the exterior which affected them and this meant we had to bring the railings up to the current code.  

    Some of our owners didn’t want to spend the money and just wanted to ignore the issue.  It was pointed out to them that if (and it was a small if but isn’t that why you have insurance?) there was an accident the first thing the insurance company would do was send out an inspector and our claim on our insurance policy would be void.  This would have left the OC and owners liable for any claim.  

    The OC has a duty to the insurance company to keep the property safe and in good repair.  If the OC or individual owners know of a defect it needs to be addressed. 

    If the OC or owners couldn’t have reasonably seen the defect the policy would probably cover any claim.  But as in our case we did something to the exterior which we should have known affected the railings.