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21/01/2015 at 2:13 pm #9862
We had an electrical storm which damaged the intercom system,security system and also now we are having trouble with running a several appliances without the circuit breaker activating. The strata manage is prepared to fix the intercom as part of common property but will not pay for security system or the fault that occurs at the fuse box located inside the unit. The security system was part of the development not something that I have had installed.The electricity to the fuse box and power points is supplied from a common meter box that is common property.Shouldnt strata pay for my issues?
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21/01/2015 at 6:02 pm #22909
Check your Strata Insurance Policy because that covers common property AND lot property if the damage was caused by an insurable event (the storm).
If the insurance doesn’t cover it then if it is lot property (fuse box within the lot) it is your responsibility.
The security system would be considered part of the fixtures and fitting on the strata Insurance policy.
21/01/2015 at 8:23 pm #22912Security system – assuming it is purely for your lot, then it is the owner’s responsibility. Doesn’t matter when it was installed.
Electrical fault – depends on where the fault is. If the fault is in your fuse box or your lot’s wiring, then it’s your responsibility. If it’s between the “common meter box” and your fuse box, then it’s the OC’s responsibility. I guess you don’t exactly know where the fault is. Discuss with the SM – if they are not prepared to engage an electrician to repair the fault, organise one yourself, and get the SM to confirm that the OC will reimburse your costs if the fault is found to be outside your lot.
Note – I’m in NSW, not sure how things work elsewhere. I’ve found this document helpful in resolving these types of issues.
22/01/2015 at 9:26 am #22914Be careful not to confuse some “act of good faith” repair that may be made to a Lot Owner’s property by the Owners Corporation subsequent to some “event” occurring on its Common Property, with what may be covered by its Strata Insurance.
The only “lot property” that Strata Insurance covers are those parts of a Lot that are considered to form part of the Common Property, and the cover for “lot owners’ fixtures” relates only to items that have been fixed in some permanent way to a part of the Common Property within a Lot by the Owner.
Even if the security system was installed as part of the building’s construction, if it’s for Ross‘s Lot only and it doesn’t form part of some centralised system that is perhaps integrated with the intercom, then I agree with Marvin (thread#3); it’s his responsibility.
As Ross‘s intercom wasn’t fitted by him it’s not a “lot owners’ fixture”, but the responsibility for the cabling from the handset in his Lot back to the main access panel has been correctly accepted by the Strata Manager as an Owners Corporation responsibility, as should the electrical supply cabling from the sub-board in Ross’s Lot to the “common meter box”.
Marvin‘s advice about the electricity supply cabling is correct – try to have your Strata Manager treat the maintenance of that in the same way as they have agreed to for the intercom cabling; perhaps ask your neighbours if they’re experiencing similar problems.
There are a few nuances around the electrical wiring in the Lot and a few other items, but a reference to them here would only serve to confuse matters (further); so I won’t.
22/01/2015 at 5:32 pm #22915@Whale said:
The only “lot property” that Strata Insurance covers are those parts of a Lot that are considered to form part of the Common Property, and the cover for “lot owners’ fixtures” relates only to items that have been fixed in some permanent way to a part of the Common Property within a Lot by the Owner.
I’m sorry Whale but I disagree
From the NSW Act
82 Damage policy
(1) In this Part, a damage policy for a building means a contract of insurance providing for the matters referred to in this section in the event of the building being destroyed or damaged by fire, lightning, explosion or any other occurrence specified in the policy.
(2) A damage policy is to provide for the rebuilding of the building or its replacement by a similar building in the event of its destruction so that every part of the rebuilt building or the replacement building is in a condition no worse or no less extensive than that part or its condition when that part was new.Division 2 Insurance of buildings
83 Owners corporation to insure building
(1) The owners corporation for a strata scheme for the whole of a building must insure the building and keep the building insured under a damage policy with an approved insurer in accordance with this section.It is irreverent whether the items are attached to common or lot property they are all covered by the insurance.
Fitted kitchens, bathrooms, wardrobes, internal doors & walls, electrical wiring, pipes are all lot property and all are covered by the Strata insurance policy.
The Strata insurance covers everything a normal household policy would cover plus all the shared facilities.
23/01/2015 at 8:27 am #22920kiwipaul said
I’m sorry Whale but I disagree
It is irreverent whether the items are attached to common or lot property they are all covered by the insurance.
Fitted kitchens, bathrooms, wardrobes, internal doors & walls, electrical wiring, pipes are all lot property and all are covered by the Strata insurance policy.
The Strata insurance covers everything a normal household policy would cover plus all the shared facilities.
KP, I am struggling to make sense of your post and quoting a section of the Act relating to the insurance requirements for the whole building sheds no light, while contradicting yourself doesn’t help.
The intercom system will be part of common property unless there is a by-law to say otherwise. Electrical cabling to and including the internal fuse box will be the same.
And the word is “irrelevant” not irreverent.
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.
23/01/2015 at 9:56 am #22921@JimmyT said:
The intercom system will be part of common property unless there is a by-law to say otherwise. Electrical cabling to and including the internal fuse box will be the same.
The intercom system would be common property but the security system and the electrical wiring within the lot is the owners responsibility if it ceases to work due to normal failure.
BUT if the failure is caused by an insurable event then it becomes claimable on the strata insurance policy because these items are covered by the Strata insurance. So whether the damaged equipment is lot or common property is irrelevant if it’s a strata insurance claim.
Mind you proving the damage was caused by an electrical storm is a different matter and good luck to the OP on that one.
23/01/2015 at 12:02 pm #22923KP – I should really should know better than to again even slightly contradict you on your favourite topic…… but way back when, many strata-titled buildings in NSW were found to be grossly under-insured, and Sects 82 and 85 of the SCMA had the objective of ensuring that Owners Corporations (O/C) had such buildings covered for total loss (hence the references to “destruction” and “replacement”), and that the amount insured was reflective of a building valuation that was no more than 5 years old.
So you shouldn’t read too much into terms such as those that you highlighted in your post (#5), because if strata building policies really covered everything that a normal home building policy does, excluding shared facilities, then there’d be no need for specialised strata contents insurance and those normal home building policies wouldn’t specifically exclude any part of a building that’s part of a strata title.
Suffice to say, most of those significant differences aren’t relevant to Ross’s matter, and as some Insurers will depending upon claims history, loyalty etc variously accept or decline claims of the same type after similar events, perhaps Ross should in addition to progressing electricity supply investigations with his Strata Manager, additionally clarify coverage or otherwise for the security system with the O/C’s insurer.
23/01/2015 at 12:47 pm #22925@Whale said:
So you shouldn’t read too much into terms such as those that you highlighted in your post (#5), because if strata building policies really covered everything that a normal home building policy does, excluding shared facilities, then there’d be no need for specialised strata contents insurance and those normal home building policies wouldn’t specifically exclude any part of a building that’s part of a strata title.
I only have 2 policies strata insurance for the building (via Strata) and a bog standard contents insurance that covers everything that is removable when I leave.
I consider that I’m fully covered. Do you know something that I don’t.
23/01/2015 at 2:16 pm #22926No probably not, and even if I did know something that you didn’t it would be unlikely to be entirely relevant in another country (like Qld.), but if your Owners Corporation has locally relevant Strata Insurance and you have Strata Contents Insurance then you shouldn’t have anything to worry about.
By the way, I wasn’t having a go at you, it’s just that none of us here should draw too long a bow or go too far off topic, and in fact I’d have put one of those smiley faces in my last post, but only just found the “button” for those at the bottom of the page, so
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