#15428
Jimmy-T
Keymaster

    This is a common law issue rather than a strata issue You should ask your insurers to pursue the Owners Corporation for damages or, if they aren’t interested, take a small claims case against the Owners Corp at your local District Court,

    Just to be clear, your claim is against the owners corp as they have failed to maintain their equipment properly. They are the ones who have to claim against their insurance – not you.

    You have been given the runaround and it’s time it stopped.

    Probably the first stage is to issue the Owners Corp (via the strata manager or Executive Committee secretary) with a damages bill and a notice of 30 days to pay or you will take legal action. The OC may well say their insurance doesn’t cover it. That’s not your problem – they should have better insurance coverage. The OC has to maintain common property and is responsible for damages any failure of common property causes. That’s it in a nutshell.

    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.