The neighbour above me moved into her apartment 4 years ago. The ceiling in the lounge room had been damaged during a storm and come down and had been re-gyprocked, the carpet dried and the external roof repaired after storm damage! The heavy rain that February had flowed backwards as the roof had not been pitched at the recommended level (so the insurance company advised my neighbour). This surely is a building defect.
The next year the February rains were very mild, however the following February she experienced exactly the same problem. Once again the assessors said it was due to the incorrect pitch of the roof. It was repaired externally and internally and the neighbour had to replace a lounge and the carpet as it had gone brittle and was full of mildew.
This year in February the same situation again! The Insurance assessors of the neighbour again giving the reason of the incorrect roof pitch. This time the neighbour was home to witness the curtain of rain pouring down from the ceiling, and was able to catch it in buckets, the bucket parade continued for 3 weeks! No floor or furniture damage this time.
The neighbour went to the committee with her frustrations: the committee did not appear to be addressing the real issue. My neighbour is now out of pocket for 3 x painting, new lounge and flooring (totaling $8,000). The committee suggested she approach her insurer to have these monies recouped. The insurer replied ‘we do not cover loss, damage, injury or death arising from: faulty design or workmanship.’ When she raised the issue of the roof being pitched incorrectly, the Committee chose (yet again) to go with the cheaper option of replacing the flashing and inserting backing foam, in the hope that this would prevent the back flow. The neighbour is still waiting for the internal damage to be repaired!
Is the roof not a common property insurance claim? Why is the committee not having an insurance assessor come and assess the building issue? The Strata Manager is not doing anything to help. Are they and the OC liable for further damage to my neighbours unit? I have suggested she make an application to NCAT regarding this ongoing issue as a matter of urgency. What is your expert advice please?
