#14150
Jimmy-T
Keymaster

    It all comes down to liability versus responsibility versus getting the job done and Austman touched on it with this comment:

    It then becomes the OC's insurance company's decision to decide to try to recover these costs from the lot owner.

    If you take the simple concept from common law that whoever causes the damage then has to pay for repairs, then if the pipe is the owner's responsibility, then so is the damage to common property. Whether or not the CP insurers want to pursue that is up to them but an Owners Corporation that made a lot of claims for damage caused by owners might find their premiums rocketing after a while.

    There seems to be a bit of confusion (generally) around the difference between liability and insurance cover.  Just because your insurance doesn't cover something doesn't mean you're not liable for repairs – if it's your fault, you have to pay whether you are insured or not, and that applies to individuals and Owners Corporations alike. 

    But you'd be amazed how often we hear the argument that the OC's  insurance doesn't cover this so the owner has to pay.

    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.