› Flat Chat Strata Forum › Strata Committees › Who’s responsible for damage to lot caused by defective common property?’ › Current Page
Generally you have to establish negligence to be successful in a claim against an OC/BC in your circumstances.
As Bunyip1 states, NSW has had some changes in this area. Delays in getting a common property defect repaired can result in a successful claim against the OC by a lot owner for damages. Other states are not as clear.
Compulsory strata building insurance will cover a lot’s fixtures and fittings, it usually does not cover a lot’s contents of which a floating floor is considered to be.
I’ve personally been in your situation a few times including in the ACT. I think you’d need to establish that the OC wasn”t doing enough or had waited too long to get the repair done.
Your choice is to claim on your contents insurance or have a legal fight with the OC. Of course, as your lot contents were affected you could try a direct claim against the builder yourself – floating floors are not common property and the builder was probably the cause of the defect.