Flat Chat Strata Forum Common Property Current Page

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  • #9292
    daphne diaphanous
    Flatchatter

      We live in a small to medium sized complex, where various tradespeople are frequently employed on common property & paid, mostly without the relevant paperwork. Earlier today, while reading the Short Term Lets topic, I noted Stumped’s posting of 4/1/14 refers to the unlimited liability of OCs as follows:

       

      “As a member of an Owners Corporation (NSW), you must (legislation) insure your Building.  You also need to know that you have unlimited liability, so in the event where your Insurance Company doesn’t pay a major claim, every single one of you can lose everything you own/possess/have tucked in bank a/c’s and super funds.”

       

      Knowing that unlimited liability arises from risky actions negating the relevant insurance coverage, I have not been able to convince anyone in the complex against paperless repairs. I find it very difficult to watch the roof plumber work without a harness.

       

      If I could print out a similar, resolved case & distribute it among the owners, it would probably aid in stopping this practice. Could one of you knowledgeable people help please? 

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    • #20568
      Jimmy-T
      Keymaster

        Wouldn’t it be easier to ask your insurance company what they would do if an uninsured tradesperson injured themselves because they weren’t using the correct safety equipment?

        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.
        #20569
        daphne diaphanous
        Flatchatter
        Chat-starter

          I agree with you JimmyT, it would be much easier to ask the insurer. However, our insurer will provide us with nothing, including the paperwork. They have told me that it is a privacy issue, because all papers are always sent to the SM, who takes out the insurance policy on our behalf. The SM on the other hand, does not even respond to our letters requesting various documents (only for the current year mind you, nothing that should be archived), but sends out the usual quarterly strata fees notice instead. The PDS is far too generic to be of any use in this scenario. We are not confident of obtaining all of the documents we require even in a more formal mode. As for taking any action on the subject, we already have a pending complaint, leaving document discovery to a later date. Meanwhile, a similar, but resolved case would be very helpful. Trudging through the Tribunal’s (now NCAT) case listing is the next option, which will take me a few days. 

          #20571
          kiwipaul
          Flatchatter

            @daphne diaphanous said:
            I agree with you JimmyT, it would be much easier to ask the insurer. However, our insurer will provide us with nothing, including the paperwork.. 

            Suggest that you inform the insurer that unless they provide details you require that at the next AGM you will provide an alternative insurance quote and ask the OC to approve your quote as opposed to the SM’s.

            The OC is perfectly entitled to use their own Insurance Broker and cut out the SM if they want too. Do a Google search for Strata Insurance Brokers and they will be more than happy to quote you to insure your Strata.

            Doing it this way any insurance claims would go straight to the broker cutting out the SM (and he would loose his commission).

            #20585
            daphne diaphanous
            Flatchatter
            Chat-starter

              Dear kiwipaul, if only it were so easy. The management agreement is for the SM to deal with our present insurer only & the other owners were very hostile to my suggestion of looking at other insurers at the 2012 AGM. Needless to add, we get no quotes. You must have realised by now that I do withhold some information in order to preserve our SP’s anonimity in this forum. Thank you for your contribution though. You always make good sense, along with JimmyT & others. Wish me luck with my case history search.

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