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We are on the river, our very expensive property insurance specifically states our boat ramp must be kept in good nick – it’s not, and hasn’t been for years. The lower underwater front-edge has been undermined and fallen off and forward. In higher tide hides a gaping void that some folks launching kayaks have already fallen into when entering or exiting the water. It’s the most obvious thing on the property likely to cause a disaster. The silly committee remain unconcerned and though have a repair quote aren’t really interested. My concern is if it remains dilapidated and a real catastrophe takes place that our insurer will wipe us. I had thought to call the insurer to see if he can remind them of their duty but won’t if it may trigger our policy cancellation. It’s one of a hit list of stupidity here but I’d appreciate your thoughts on how to proceed with this one?
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The owners corp has a duty to repair and maintain common property, as you probably know. What you may not know is that you can seek orders at NCAT to compel them to do so if they refuse, or don’t respond within two months, under Section 232 (2) of the Act.
In reality, mediation and drawing their attention to the law should do the trick.
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.
Today I was advised to send in Motions which I will for this and other things. You think I should call the insurer, also?
Obviously, the NSW strata Act doesn’t apply in Queensland, so forget section 232 (it would have been good if you had reminded us you are in Queensland up front).
I am neither a lawyer nor an expert in Queensland strata affairs but you might find that a motion to repair the jetty under section 36 (Rights and responsibilities for common property) would get their attention and action under section 276 (below) might be effective if it didn’t.
As for calling the insurer, you could try without naming the scheme where you live, just on a hypothetical basis, to add some power to your elbow.
276 Orders of adjudicators
(1) An adjudicator to whom the application is referred may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about—
(a) a claimed or anticipated contravention of this Act or the community management statement; or
(b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement…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.
The insurer, at this stage does not care about what maintenance has been or not been done.
Its when you make a claim that they may reduce the payout citing that the property was not maintained properly. This pertains to a loss of property claim.
In other instances (say someone was injured) the insurer may claim that you knew of the hazard and then either refuse to pay the claim or else pay a lesser amount, the balance that would have to be paid by the owners.
By neglecting to fix the boathouse the members of the committee are exposing themselves to personally being sued for any losses.
If they recognise the gravity of that last statement then it might swing them into some action.
I’d also be including the repair as a motion on the next general meeting. That way the committee can’t sweep the issue under the carpet.
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