Who should pay the excess?

In cases where you can show that it's a common property fault, then the OC should pay for the damage (not just the excess).

The question of the security gate is a little trickier.  If it says in your by-laws that the OC takes responsibility for making the carpark or building secure, then you have a claim.

You may still have a claim even if it doesn't say that but it might be harder to prove.  For instance, if the Executive Committee had known the gate was insecure and had made a decision to do nothing about it, I reckon you would have a strong claim.  But if your by-laws say that vehicles and goods are stored at owners own risk, then you're up against it.

I would make this as matter-of-fact as possible so as to avoid it getting personal (if you can).

So my letter would read something like:

It is my understanding that legally, the Owners Corporation has absolutely responsibility for the maintenance and repair of common property.  This responsibility is not reduced or mitigated by, for instance, the delay or inability to get tradespeople to effect repairs.

I refer you to the Strata Scheme Magagement Act

61   What are the key management areas for a strata scheme?

(1)  An owners corporation has, for the benefit of the owners:

(a)  the management and control of the use of the common property of the strata scheme concerned, and

(b)  the administration of the strata scheme concerned.

(2)  The owners corporation has responsibility for the following:

(a)  maintaining and repairing the common property of the strata scheme as provided by Part 2.

I also have been advised that any loss or damage cause by a failure to maintain or repair common property is to be covered by the Owners Coporation and/or its insurers.

Although I could claim for the entire costs and loss incurred in the instances a)                     and b)                        my own insurance has covered part of these costs.

However, I feel it is only right and fair that the OC should pay the excess so that I am not out of pocket due to a failure by the OC to meet its statutory responsibility to maintain and repair common property.

Please forward me a cheque for the amounts $xxxx  within 30 days.

Now, if the Executive Committee decides not to pay the excess, your next question has to be to ask yourself if it's worth all the hassle and bad feeling that would come from pursuing this through Fair Trading and the CTTT.  Only you can know the answer to that. 

In Strata there's legal right and wrong but there's also a social cost to pursuing your 'rights', as well as financially and in terms of your personal time and energy.

In short, ask yourself if it's worth all the hassle to pursue this if the EC doesn't pay your excess.  Good luck with it.