Hi kingst,
You need to find out who is at fault first (Builder or OC) prior to requesting “Should the body corporate reimburse me for lost rent?”
Assuming it is common property that’s at fault, your OC (through its servants and agents);
- Are charged with looking after CP, meaning you cannot fix it yourself and are therefore ‘vulnerable’ in a ‘negligence’ sense;
- Can seek to have the builder do proper non-makeshift repairs, providing your building is within the applicable warranty periods;
- Can take the Builder to NCAT; or you your OC (if they won’t act voluntarily) to get it rectified properly – Depending who’s holding things up at this stage;
- Can make a claim with the Scheme’s insurance policy to pay your Lost Rent and or other Damages / Costs – although I might have read somewhere that you can make a claim directly with the insurer as a member of the OC (whale or anyone?)!
If all else fails, you might need to initiate Court Action to recover costs… and hopefully (for you OC) the Schemes insurer may cover that action.
BTW Hidden mould is very dangerous: until the ‘source’ of water entry is corrected, your property will remain uninhabitable. It would also be unconscionable for you to rent it out to any unsuspecting tenant!
Hope this helps both you and your OC, I wish you the best of luck with it too… especially if you need to rely on NCAT (No-Clue at All Tribunal)!!
Thom