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Topic
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Hi Jimmy,
I am a tenant。There is a private car park with the censor automatic rolling door in our property. About 3 months ago when i was about to get out from the car park and the the car was just half way out suddenly the garage door closed itself.It damaged the rooftop of my car.I called the propery agent whre i rent with but they said i have to talk to strata management as parking area belongs to strata management.
The secretary from the strata who also live in the same property took photos for my damaged car and i had a chat with her.I asked her how this thing could happened.She said must be something wrong with the censor of the rolling door.
Strata management advised my to contact my car insurance company so they could deal with their insurance company.At the end the strata insurance company rejected the claim.They said there is no public liability for this case.This male me so upset because to fix my car i have to pay the premium with my insurance company.So why i have to pay when this is not even my fault?
So help me.What should i do so the strata will admit this is their liability
Thank you
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This is a common law issue rather than a strata issue You should ask your insurers to pursue the Owners Corporation for damages or, if they aren’t interested, take a small claims case against the Owners Corp at your local District Court,
Just to be clear, your claim is against the owners corp as they have failed to maintain their equipment properly. They are the ones who have to claim against their insurance – not you.
You have been given the runaround and it’s time it stopped.
Probably the first stage is to issue the Owners Corp (via the strata manager or Executive Committee secretary) with a damages bill and a notice of 30 days to pay or you will take legal action. The OC may well say their insurance doesn’t cover it. That’s not your problem – they should have better insurance coverage. The OC has to maintain common property and is responsible for damages any failure of common property causes. That’s it in a nutshell.
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.
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