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All standard strata insurance policies should cover fixtures and fittings as long as damaged by an insurable event (accidental damage and/or impact damage to glass would be included). This would not cover carpets and curtains but may (in some cases) include floating timber floors. The bottom line is – check the policy wording. It helps if you have a reputable insurance broker who specialises in strata.
The incident in question is clearly accidental and was not in any way malicious so why would the OC not believe they should be responsible for the repair? Is there a difference between a branch accidentally blowing into a window and someone accidentally running into the window?
The way I have normally seen this be dealt with is;
- if the damaged property is insured by the OC then claim it on the OC’s insurance (the lot owners insurance would ONLY cover items not covered by the OC’s policy and will require a letter of denial before they will pay)
- if it is common property (such as an external door or window) then the OC is responsible for the excess.
- if it is lot owners property such as internal cabinets, doors, sinks etc then the lot owner should be responsible for the excess.
Is this not the fairest way to deal with it?