COMMON PROPERTY allows damage to UNIT

PLEASE ADVISE
My circumstance is a failed roof system causing water damage to the unit. “Flat Chat” once stated that damage to private property could be claimed because the EC/OC and/or strata manager had failed to maintain/repair common property (roof system). Fair Trading has recently replied that a failure of common property (roof system) due to poor maintenance or design does not extend to the repair of (water) damage to private property.

MY QUERY TO FAIR TRADING – “The cost to repair the rainwater damage to the apartment, given the failure to maintain/repair common property (roof system), should be covered either by the EC/OC sinking fund, OC Property Insurance or Strata Manager’s Corporate Liability Insurance. The (inspected/quoted) repair costs include a warped/damaged cornice area, water marked/streaked paintwork of ceiling and wall areas, and cracked ceiling vermiculite. Initially, I was told by the Strata Management that private property is not covered. However, given the extensive failure of the roof system and inundation of rainwater into the apartment (requiring SES to attend/assist) there is a responsibility that either the strata management &/or OC have failed to maintain/repair common property (roof system)”

FAIR TRADING RESPONSE:
“With regards to the issues that you have raised about the responsibility for repairs and maintenance for strata schemes, the owners corporation must repair common property and owners must repair anything within their lot. However, it is not always clear what is common property or what is the individual lot.
The basic rule is that everything inside the airspace of the unit, including all internal walls, fixtures, carpet and paint on the walls is usually the lot and therefore the responsibility of the lot owner.
Everything outside that airspace including walls, windows, doors, and tiles fixed to the floor and boundary walls is usually common property and therefore the responsibility of the owners corporation.
The owners corporation must repair common property and an owner must repair their lot’s it does not make a difference how the damage occurred (whether accidental or negligent).”
END OF MESSAGE FROM FAIR TRADING