› Flat Chat Strata Forum › Common Property › Windows Frames leaking, bad Sydney weather who pays? › Current Page
@Matt said:
Pete CDoes Excess payable, mean you gotta fork out some % of cost yourself?
Are Apartment roofs also common property as my apartment roof has started to leak in kitchen, must be a plumbing or roof-plastering problem.
In the ACT, the assumption had tended to be that unit owners would have to pay the excess. When a unit owner made a claim on the OC’s insurance in respect of their particular unit, we used to have the unit owner pay the excess. However, the wording of the ACT Unit Titles (Management) Act 2011 is that the OC is responsible to fully insure. That has been interpreted to mean the OC must pay for any shortfall in its responsibility to be fully insured. IE the OC now has to pay the excess.
In most places, I would assume that an apartment roof is common property and the responsibility of the OC to fix. The OC would pay if the damage was due to a defect of construction or failure to maintain. The insurance would pay if the damage was due to an insurable event.