Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #68201
    nb525
    Flatchatter

      I am the owner of an apartment in a Strata Building.

      Question – The unit directly above us had a burst water pipe. We were flooded. Lots of damage, carpet, AC unit, Fridge, Oven, belongings etc.

      Ive stupidly managed to let the insurance lapse – had a baby – anyway, not a good excuse and I’m aware of the mistake.

      The property manager of the above unit stated : “Unfortunately, our owner would not be compensating the damages occurred to your unit as the damages was the result of burst pipe at unit 5 which was not the fault of the owner”

      Property manager also said “The cause of the leaking is burst pipe at hot water tank inside the unit” Surely the above unit that caused the flood would – (presumably their not as daft as I was )- claim under their insurance?
      And if they don’t have insurance – would be the ones that should offer up compensation?

      Do I have any rights here?  IS there any legislation I can trawl through that can be suggested ?

      • This topic was modified 1 year, 7 months ago by .
    Viewing 5 replies - 1 through 5 (of 5 total)
    • Author
      Replies
    • #68211
      WMB
      Flatchatter

        I am an owner who had a small hot water system under the sink in the kitchen fail (it was only 5 years old). It caused considerable damage to my place and the apartment downstairs. Strata insurance is paying for repairs to floorboards, ceilings. paintwork etc in the downstairs apartment. My place is being dealt with by my contents insurer CHU who has been prompt and professional. Interestingly the damage to my kitchen cabinets is deemed strata. My question is about Strata Insurance. In 5 weeks no progress. The process is that I speak to our Managing Agent, who speaks to the broker. The broker sent a man with an ipad who sent pictures to the assessor who speaks to the insurer. Is it normal to have a broker involved? (I have never made a claim before). He seems to have no idea of the damage and that nothing can be done till the kitchen is dealt with. Do all insurance companies work through a broker? Are they supposed to have any expertise aside from selling insurance?  It seems very odd but maybe this is how these things are done?

        #68226
        kaindub
        Flatchatter

          If you want to shortcut your claim, ask the strata manager for the insurer and policy number. Call the insurer and either start a new claim, or find out what the existing claim number is and make an additional clsim

          No doubt some one is going to get upset, but atleast your claim will be progressing.

          #68248
          Blackhotel
          Flatchatter

            This is definitely Strata insurance responsibility. I have just gone through this exact same thing myself. Claim was submitted last year September, still no payout, but they sent in an assessor during the fix up. I have a builder doing all the repairs. So far $70k spent, insurance offered $45k payment however on advice from a lawyer I’m disputing this and the insurer has relented and now offering me more money. When removing the kitchen cabinets, my builder damaged the stone tops and ruined the splash back. Insurer refused to pay for new tops and splash backs. They also do not pay for the replacement of your cabinet doors. They reckon you are supposed to re-install them. My builder couldn’t because the colours don’t match. The insurer claims they are not supposed to put you in an advantage position of having new cabinets, I told them that BS because I’m not supposed to be disadvantaged by the flooding event that occurred. This is when they relented and agreed to pay more. Luckily I had the advice from a lawyer who costs me $150. Another thing is that my occupants had to move out and the insurance is paying my loss of rental during the entire fix up period. Strata manager is an absolute idiot and doesn’t believe my claim and has called it “questionable “, so I deal directly with the assessor only and never copy in the SM in any correspondence which he hates.  When this is all over I plan to take SM and OC to NCAT to further my claim against them for additional losses in delays that they have caused in the re-fitting of my property. Delays in approval to replace my flooring. My advice is to stick with it and don’t let anyone roll you over. This wasn’t your fault. My lawyer advised, next time if it ever happens again, lock the apartment up, go to Strata Manager’s  office and drop off your keys and advise you have been flooded, ask them to  fix it up and put it back in the same way it was before. tell them you are staying in a 5 star hotel around the corner which will be charged to the OC until such time you can move back in. Period! See what happens. This is the responsibility of the SM and insurer’s to get it fixed, not you.

            #68311
            TrulEConcerned
            Flatchatter

              Good day nb525,

              Sorry to hear of your calamity.

              I asked a building manager who has seen such issues many times before. He informs me that he understands the situation is as follows:

              1. If the cause of the water leak is a common pipe servicing the unit above, then the strata scheme (i.e Owners’ Corp) must make good any damage to strata assets such as your ceiling, windows, built in cupboards etc, because the pipe is an Owners’ Corporation asset;

              2. But if the cause is the hot water tank, then liability is on the shoulders of the unit holder whose tank blew, personally or via his insurance; and

              3. Regardless of whether (1) or (2) took place, damage to your carpet, clothes, electrical appliances etc is your responsibility. Either you claim on your contents insurance or you need to pony up the money for repair or replacement. Neither the strata nor a neighbour are liable for damage to your contents.

              I hope this clarifies the issue.

              #68313
              Jimmy-T
              Keymaster

                I disagree with 3.  If the owner of the upstairs flat is liable for damage to common property, then they are liable for damage to personal property in the unit below.

                It sounds like the quoted strata manager is talking about issues in which the owners corp would get involved – and damage to common property is one of them.  But liability doesn’t end at the point where the OC stops caring.

                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.
                • This reply was modified 1 year, 7 months ago by .
              Viewing 5 replies - 1 through 5 (of 5 total)
              • You must be logged in to reply to this topic.

              Flat Chat Strata Forum Common Property Current Page