Flat Chat Strata Forum Common Property Current Page

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  • #9065
    helene
    Flatchatter

      During a recent storm, water came into the top floor unit damaging the ceiling paint work and the carpet. Our Strata Manager seems very reluctant to make a claim on the Strata insurance. It’s been three months now and we’re still waiting for a response. Would this kind of damage be covered by the strata insurance?

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    • #19675
      kiwipaul
      Flatchatter

        Yes the damage to the ceiling would be covered by the Strata insurance

        BUT carpets are not covered by the building insurance and so for these you would have to claim on your contents insurance.

        HOWEVER as the carpets were damaged due to the roof leaking (which is Strata reasponsibility) their is a grey area I’m not too sure about.

        If the water had damaged the fitted kitchen for instance the strata insurance would have covered that, because it is covered by the strata policy.

         

        #19678
        The King
        Flatchatter

          Hi helene

          If damage is caused to a lot owner’s property while the owners corporation are effecting a repair, the owners corporation are responsible to fix the damaged property.

          However, if the cause of the damage to the owner’s property was not made when the owners corporation were fixing the problem; instead it was caused by the problem itself, then the owners corporation are not responsible to make good the owner’s property unless the owners corporation can be deemed negligent.

           

           

          #19681

          kiwipaul said 
           
          BUT carpets are not covered by the building insurance and so for these you would have to claim on your contents insurance.  

          Internal paintwork will also not be covered by the building insurance.

          Both items should be covered by your contents insurance though.

          #19684
          kiwipaul
          Flatchatter

            @just get on with it said:

            .  

            Internal paintwork will also not be covered by the building insurance.

            Both items should be covered by your contents insurance though.

            Yes you are right about the paint it’s a unique feature that only applies in NSW but check your PDS

            Optional benefi t (NSW only)
            Optional Benefit 1 is operative when shown as ‘selected’ on the Schedule.
            Lot/Unit wall coverings When Your Sum Insured under Policy 1 is not otherwise expended in respect of any one Event We will pay for the cost of repainting or re-wallpapering the internal walls or ceilings of a Lot/Unit at Your Situation if they are damaged by an Event claimable under Policy 1.

             

            I don’t believe the contents policy will cover the repainting so it might fall on the o/c because it’s def common property.

            #19685
            Jimmy-T
            Keymaster

              Looking at the “who’s responsible … ” document, it says that the Owners Corp is responsible for repainting when the damage is caused by their repairs to common property but not if the damage is caused by the failure of common property in the first place UNLESS the common property failed due to Owners Corp negligence.

              OK, define negligence.  Failure to properly maintain common property when they know it’s in bad condition would be a definite runner but what about failure to carry out proper checks frequently enough?

              As with so many things in strata – it’s more a question of whether it’s worth going through the grief of challenging your Owners Corp or EC rather than what’s legally or morally right or wrong.

              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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            Flat Chat Strata Forum Common Property Current Page