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Last Saturday one of our owners returned home from holidays to discover a flooded unit. A leaking toilet spigot was the cause and his household insurance is covering most of the repairs. However they have declined to repair the floating timber floor in the kitchen, their excuse is that , ” the floating floor is a Strata issue because we deem it to be a fixture installed by the builder and hence falls under Strata jurisdiction “. This does seem to be a bit nit picky to me. They will replace the carpet ( also installed by the builder ) but not the small area of kitchen floor ! Does this then apply to vertical drapes, shower screens, etc installed by the builder.
Please a bit of common sense advice.
Our building is only 10 years old in case that makes a difference to Strata insurance requirements.
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Even if the floor is common property, as they claim, then their client has damaged common property and has to repair or replace it. Sounds like an insurance assessor trying it on, to me. Unless the OC’s insurer willingly takes on the cost, tell the owner’s insurer he’s dreamin’
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.
We have had issues of water damage to floating floor boards and these were claimed on our strata insurance where as the carpet was claimed on the owners contents insurance.
I was dubious about this so contacted our insurer. Sure enough, damage to floating floorboards is covered by our strata insurer because they are items or fixtures that cannot be taken with the owner when they move. Carpet however is not covered because, apparently, an owner can take this with them when they move!?! So it comes under and owners contents insurance.
This also applies to items such as dishwashers. An integrated dishwasher (you know the ones that look like a kitchen cupboard) are covered by our strata insurance but one that is freestanding can be taken with the owner so it is under contents insurance.
Why anyone would take their carpet with them when they move is anyone’s guess!
Check with your insurer about what is and isn’t covered in your complex.
I love this forum – we have the theories (including mine) and we have the law … and then we have logic …. and finally someone tells us what happens in the real world which often has nothing to do with the law, logic or, especially, my theories.
This is why Struggler is a StrataGuru and I am merely the administrator.
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.
Just to add more confusion, dependent on the age of the building and whether it is a class 1 or class 2 building (Villa or Walkup, high rise) if the damage was from a burst water pipe in the wall the repairs to the pipe and the damage to the unit would all be claimable on the Strata Insurance. As a general guide pipes and wiring in the wall are the strata property and the fitting and fixtures is the lot owner. Strata Guru is correct in that the boundary issues (who is responsible for what) is complicated and advice is quite often required to review the Strata Acts and the insurers policy. Not that I want to join the long queue of Insurance company bashers, however understand that there are insurers out there that view their only responsibility is to use any excuse to Deny a claim. As such it is a heathy pastime to question or seek confirmation of any insurers advice or determination if it doesn’t sit well with you.
Chris Mo’ane GMD Integrated Consultancy Group
@JimmyT said:
I love this forum – we have the theories (including mine) and we have the law … and then we have logic …. and finally someone tells us what happens in the real world which often has nothing to do with the law, logic or, especially, my theories.
This is why Struggler is a StrataGuru and I am merely the administrator.
That may be, but if the damage is due to the negligence or some other act or omission of the owner, then the strata insurer has a claim against that owner. If that were not the case you could go around damaging common property willy nilly. Insurance costs money, every claim you make pushes your premium up. So check with your insurer what their position is, and then deal with the owner and their insurer.
@scotlandx said:
That may be, but if the damage is due to the negligence or some other act or omission of the owner, then the strata insurer has a claim against that owner. If that were not the case you could go around damaging common property willy nilly. Insurance costs money, every claim you make pushes your premium up. So check with your insurer what their position is, and then deal with the owner and their insurer.Thanks scotlanx,
this is exactly what I did after I received another email ( yesterday ) from the insurance agent saying that Strata is now responsible for the damage to the skirting boards, gyprock and everything else caused by a leaky spigot in the owner’s toilet. It was merely wear and tear, nothing negligent, malicious or criminal.
There is the law, there is commonsense and then there is insurance – the latter having nothing to do with the former !
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