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Update. The OC insurer and I are in direct communications now and we are not including the Strata Manager, even though he has demanded that he is c/c on every email. I have managed to negotiate a much higher settlement with the help of a lawyer who is advising me. The OC insurer has advised payment will be made to OC, not to me directly. Its then up to the OC to direct the funds to me. I have a feeling this is not going to happen. Goes to show that some ego’s in a SC Committee can be dented when you push and shove them around which is what I had to do.
very well written and I totally agree with her analogy. I have just switched one of my rentals to STR. after having a tenant live in my property for 7 years, suddenly he stopped paying rent. Took me 2 months of no rent before NCAT issued orders to get out and repay $12k in back rent. Didn’t pay. He left the property with all his stuff in it and sent me a message stating that he left his $3k TV behind as payment for the losses. NCAT delayed the process by 4 weeks because tenants claimed they were sick on the day of hearing, so they got another 4 weeks rent free. Absolute joke. What I love about STR VS LTR is if you have a problem with a person, STR are leaving the next day whereas the LTR takes months to get rid of them. Until you have been put in this position then you don’t realise why landlords are switching. This is why I switched and loving that I now control my property investment. When all my other properties leases end, I’m switching all of them over to STR.
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.
Thanks for your responses. Somehow they are not being emailed to me so sorry for the delay. NSW. There is no excess involved. The insurer has made a settlement offer to the SC which is allot less than my actual claim for damages. The SC have accepted this offer without consultation with me. The Strata Manager advises that the offer from the insurer is what it is and there is no disputing this. In other words take it or leave it. I want to dispute this with the OC as it’s allot less than my original claim. I believe I will need to sue the OC over the remaining balance? Correct?
21/09/2022 at 9:50 am in reply to: What is a “reasonable timeframe” for work to be done on common property? #65413So, I applied to the Strata Insurer and they declined my claim. However after I refuted this, they have now approved my claim.
15/09/2022 at 4:50 am in reply to: What is a “reasonable timeframe” for work to be done on common property? #65312Definately a Strata Lawyer.
10/09/2022 at 8:32 am in reply to: What is a “reasonable timeframe” for work to be done on common property? #65262Update – So it’s been 3 months and the OC have still not completed the re-levelling of the floor. The magnesite was removed back in July. My losses are substantial ($16,000+) so I engaged a lawyer to take action against the OC. This will obviously end up in NCAT. I have been homeless as I cannot live in my property for the past 3 months. Couch surfing, staying in hotels and literally going on cruises to be able to accomadate myself. Yep, crusing is that cheap at the moment! What are my chances of recouping the losses?
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