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I have had water damage from water ingress coming into my unit through the back wall. The strata committee does not want to submit a claim for loss of rent. I had to move people out of the room for three days and the another 9 days for strata to repair the problem that I reported in 2022. Do they have to give me the Insurance company detail so I can go directly to the insurance company? If the refuse are they responsible for paying me for my loss?
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I’d suggest you make a claim on your landlords insurance, they will likely ask the owners corporation for what is called a proof of no coverage under the strata schemes insurance. If the strata schemes insurance does not cover the loss of rent (as an example) then you claim through your insurer and you have a valid reason to seek your excess from the owners corporation. If it does however it forces the owners corporation to either raise a claim or if its less than their excess pay it from admin funds.
We have had a few instances where water damage to floating floors has initially been refused by the strata manager but when pressed by a lot owners insurer for a no coverage letter they quickly change their tune.
If you don’t have landlords insurance then a properly worded letter from your lawyer should also do the trick.
As an owner you have a n “interest” in the common property, which allows you to make a claim without the approval of the OC.
The details for the insurance policy will be in the notice of the AGM, or you just ask the strata manager or secretary for the details. They cant hold it back.
They probably dont want to lodge a claim because the OC will have to pay the excess.
Its usual for strata insurance policies to have a loss of rent clause.
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