- This topic has 3 replies, 3 voices, and was last updated 9 years, 8 months ago by .
-
Topic
-
Our building had some work done to the exterior a couple of years ago. As a result, water has been coming in the building (via windows and doors on balconies). Recently during the bad weather, water came in and the strata company arranged for builders to come and assess the damage. However, water also leaked up through my floorboards in the interior of the apartment (not near any windows). The strata originally said they would pay to replace the warping floorboards but are now saying that because the boards were not the “original floor” (i.e. they are alleging the floor was installed by the person I bought the property from about 10 years ago), the replacement is not claimable on the strata insurance. They said the “building insurance” or maybe they mean “builder’s insurance” may pay for the damage. My view is that the damage happened inside my apartment because of work to the exterior. I do not have contents insurance.
-
Replies
-
It doesn’t matter who installed the floor, the damage was caused by the failure of the Owners Corp to hire a competent builder and it is up to the owners corp to compensate you. They could then pursue the builder through the thbuilder’s insurance but that is their problem, not yours.
Also, it’s worth making the point that this ‘unapproved” floor is also their responsibility because they or their predecessors did nothing about the floor when it was going in under the previous owner who installed it.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I can’t determine whether the floor boards in this case are common property or not, generally if they are floating floor boards they will be your responsibility as they may not form a part of the original floor structure. Hence if the OC refuses to compensate you for the damage you will need independent legal advice, it may be a civil claim for compensation through a local court; which is outside of the scope of the SSMA 1996.
- You must be logged in to reply to this topic.