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My kitchen cabinets were damaged when my sink overflowed due to a blockage in a common property pipe (basement carpark). I’m trying to claim on strata insurance but have been told I need to pay the $3500 excess.
I wasn’t negligent in any way. The blockage was in common property plumbing, not in my unit. There is nothing in our bylaws or in the insurance policy indicating that I should be liable for payment of the excess.
Is this right? What are my options here? Has anyone successfully challenged this type of situation?
EDIT: The blockage is after the common stack so does not just service my unit but because it is the lowest of the units is the first to be affected by a blockage.
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I believe you have been told wrongly.
Its the OC who pays the excess.
As an owner you make a claim directly on the insurance company and they’ll take the excess out of the claim. The excess then has to be paid by the OC.Depending on the size of the claim , it’s sometimes less costly for the OC to pay a claim directly, rather than through insurance.
I believe you have been told wrongly. Its the OC who pays the excess.
Absolutely. The Owners Corp has benefitted from lower premiums by agreeing to an excess, It’s therefore the owners corp, and not the individual owner, that should pay the excess in the event of a claim.
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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