Flat Chat Strata Forum Common Property Current Page

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  • #8883
    HappyNow
    Flatchatter

      Is this classed as an Owners responsibility or the Owners Corporation responsibility?  The tiles in the kitchen have cracked, not by something being dropped on them but by what looks like movement in the floor.  The EC have said the owner should approach their insurance company for an assessment.  I think it is the responsibility of the builders insurance to assess.  What is your opinion?

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    • #18737
      Whale
      Flatchatter

        SlapShot – Forget about possible insurance coverage for the moment.

        If the floor tiles are the ones originally fitted by the Developer/Builder when the Lot was first sold, then repairs are the responsibility of the Owners Corporation (O/C), and if they’ve been fitted since, then repairs are the Lot Owner’s responsibility.

        But …. if there’s movement in the floor and that’s damaged the tiles, then the O/C is responsible for the necessary repairs to the floor and to whatever tiles are damaged as a consequence of that movement and of those repairs.

        Now that responsibility has been established, it’s up to those involved to contact their respective insurers in order to establish whether the damage caused is due to an “event” as defined in their policies; I think not, but in any case insurance cover or otherwise, responsibility for the necessary repairs doesn’t change!

        A point of clarification though, your original post about the broken gate indicated that you were an owner, and yet subsequent posts on that topic and this one mentions that you contacted your “Agent” and refer to “the owner” (third person). Are we talking about a different property?

        #18743
        Austman
        Flatchatter

          I hate to be pedantic.  But it also depends on which state you are in and if the floor is actually Common Property.

          On the floor:  Most floors will be Common Property but not all.  Example: I own a city apartment that is two storey.  The “mezzanine” floor (which has rooms including a laundry and bathroom) is not Common Property on the Plan of Subdivision and is not structural to the building.  So – it’s my responsibility to repair and maintain.

          On the tiles: In some states (eg Victoria), tiles, including original tiles, are considered a surface treatment and are an owner responsibility.  It’s different in NSW.

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