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We suffered extensive damage from a water leak caused by a burst pipe in someone's laundry uspstairs. This was Christmas Eve last year.
We basically had no help from strata and had to organise and pay for most of the repairs ourselves. They took four months to re-wire the apartment properly, for example. The apartment was uninhabitable for months.
Between the building's insurer and our own landlord's insurance we were re-imbursed (after ten months) most of the money we paid (about $20000), but are still owed about $1100 (largely excess from our insurer, and the cost of repainting when mould continued to develop), and are still awaiting approval to have damaged floorboards sanded and polished.
We have asked strata to pay the balance; the strata manager asks the building insurer to pay, they do nothing, and we go around in circles. We have had a huge battle over the last 11 months to achieve what we have.
We think strata should re-imburse us for the relatively small amount of money owed. We are furious with the strata manager, but he was voted back in at the AGM, by the executive of the OC. And we still don't have permission to fix the floors. What should we do next?
Thanks.
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Did you have content's insurance Julie?
I know I was told I needed it in case there was damage to paint on the walls etc. due to fire or other damage.
Don't wait for them to volunteer. Send them a Bill with 30 days to pay.
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.
In the AGM notice of a property I own (in the ACT) I noticed the following motion:
Excess
“That any excess payable on an insurance claim is the responsibility of the relevant owner of the unit to which the claim is related. If an insurance claim relates to the common property then the excess is the responsibility of the Owners Corporation”.
Clearly, the OC wanted to document this.
The question of who should pay the excess and other out-of-pockets depends on whether anybody was at fault for the burst pipe, and if so, who. If the pipe burst without warning, it may have been no-one's fault and just one of life's accidents for which the law does not hold anyone responsible (which is why you mhave insurance). If the pipe was inside the unit upstairs it may be lot owner's responsibility (if the owner was somehow at fault for causing the burst pipe). The answer to your quandry really depends on why the pipe burst and who was responsible for the pipe.
AdrianAce said:
If the pipe burst without warning, it may have been no-one's fault and just one of life's accidents for which the law does not hold anyone responsible (which is why you have insurance).
Really? I would have thought you would be responsible for maintaining your property and for any damage caused when it failed. I take your point about it “just being on of life's accidents” but if you're not covered by insurance then it becomes “just one of those things you have to get your cheque book out for.”
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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