#14373
Aquarian
Flatchatter
Chat-starter

    JimmyT said:

    The OC is liable in the first instance because of its legal duty to maintain and repair common property (even though they are doing their best to effect this). They then need to claim against the insurer.  Look at it this way, if the insurer refuses to pay, the OC still has to stump up so they may as well pay now and claim later.  Better to keep relations on a cordial footing and do the right thing rather than find excuses so they don't have to dip into their funds. And don't forget, oit's the home owner who's really suffering.

     

    Thanks Jimmy…it is as we have been told by our solicitor but a number (the majority) of the owner's corporation executive committee say “why is it our problem?”  The committee's decision is in defiance of the legal advice received.  I am the owner with the water damaged lot.  There are other water damaged lots as well however mine is probably the most severely effected.  If I can't get the OC to understand its responsibilities I will have to take legal action which unfortunately for all concerned will make it a much bigger matter.