Re: Water damage and Insurance claim
scotlandx – It is not [s106(4)] that deals with damages for breach of statutory duty …. it is actually [s106(5)]. [s106(5)] states: ‘An owner of a lot in a strata scheme may recover from…
Re: Water damage and Insurance claim
I have enjoyed reading your interesting comments and appreciated help and can see it’s a complex situation. My kitchen ceiling has a ducted vent which was probably installed previously due…
Re: Water damage and Insurance claim
There have been two recent (2016) Supreme Court cases in NSW that held that an owner can’t bring an action in negligence or nuisance against the OC. That is, the…
Re: Water damage and Insurance claim
@Austman said: Having both building and contents insurance is really the key to getting all damage covered. But as the OP has discovered, a contents insurer might not pay until…
Re: Water damage and Insurance claim
@JimmyT said: Others say that the Who’s responsible document is irrelevant – common law says that if something belonging to you causes damage to something belonging to me, then you…
Re: Water damage and Insurance claim
meganpepi – If you can’t get any help from the owner’s corporation insurance company then it may be worth your while seeking help from the Office of Fair Trading and…
Re: Water damage and Insurance claim
I’m going to weigh in here very reluctantly because the literature says one thing and simple logic (and common law) says another. Let’s start with the oft-quoted “Who’s responsible …?”…
Re: Water damage and Insurance claim
@scotlandx said: It doesn’t matter whether you have an insurance claim or not – the primary issue is whether a defect in the common property caused the damage to your…
Re: Water damage and Insurance claim
It doesn’t matter whether you have an insurance claim or not – the primary issue is whether a defect in the common property caused the damage to your property. If…
Re: Water damage and Insurance claim
It’s wonderful hearing I have a chance of an insurance claim. It just didn’t seem right that some roof tiles had to be replaced having caused considerable damage to my…
Re: Water damage and Insurance claim
These can be complicated matters that may or may not involve insurable events, maintenance (or lack of), legal liability, negligence … the list does goes on. But there’s nothing to…
Re: Water damage and Insurance claim
Agreed. If the cause is a defect of the common property then the OC has to repair the common property so it doesn’t keep happening and fix the damage to…