› Flat Chat Strata Forum › Living in strata › Who’s responsible for guttering that damages a car? › Current Page
It was strong winds that tore the gutters down.
I have done the letter of demand and that’s where the proof of negligence came in.
My insurer said the costs were not retrievable therefore I would have to pay the excess through my private insurance.
They also did admit that had i said storm instead of winds it would have gone through. So in other words, honesty doesn’t pay!
The funny thing is i have requested some documentation before submitting my adjudication request. One of these included a maintenance schedule for the guttering. So when i went searching through all the Strata documentation available, i find 2 interesting things:
1] a quotation request from the Strata for regular maintenance on the guttering [dated after my request has been sent of course]
2] One of the EC members requesting repairs to her guttering in February. After mediation. This particular EC member attended the mediation so i thought that was funny.
There are toxic weeds growing out of these gutters so they occassionally have a contractor coming out to clear the weeds. Occassionally means when someone notices the weeds and requests that they be removed.
Now not sure if i mentioned this… getting back on the topic….
but it looks like the pipes have been reallocated in another shared carspace.
EC claim it was part of some major works that were done but the concrete is completely different. There doesn’t seem to be any paperwork for it though which i find out. Will a photo be enough proof?