leaking roof in QLD - should body corporate pay?

[saiman]

Hi all,

Just curious on my situation. Had a leaking roof in a townhouse of mine which appears to have been leaking for a while now...the townhouse is in a gated complex and upon discovery of the leak, BC has agreed to fix the leakage in the exterior of the roof.

As there is now apparent internal ceiling water damage including a hole and water marks in the surrounding area, BC has come back saying this is not their responsibility and up to me to fix out of my pocket.

Does this sound right under QLD law?

Look forward to your thoughts.

Cheers,
Simon

 

[Peterw]

I think you will find all you need here:-

http://www.justice.qld.gov.au/justi...d-community-management/forms-and-publications

 

[saiman]

Yes I had a read through that but couldnt find anything specific other than the usual blanket everything outside is BC responsibility, everything inside is owner responsibility

suppose it might be a grey area but I think in this case the internal damage is a direct result of something BC is responsible for, then they should repair accordingly?

 

[Scott No Mates]

If the bc has accepted liability for the leak then by extension they're also liable for the consequential damage.

 

[saiman]

Thanks Scott,

Is there something in the body corporate and community management act that shows this so I can escalate the dispute formally?

 

[Scott No Mates]

Just push back to the Strata Manager - ie write to body corporate and advise of leak having caused damage to your property. Your insurer should be able to advise (if you have insurance).

 

[Peterw]

This fact sheet is a bit more specific, does it help?

http://www.justice.qld.gov.au/__data/assets/pdf_file/0003/12882/Maintenance.pdf

 

[baby blue eyes]

Had same issue nsw. Internal ceiling damage and re painting was my problem.... Claimed on our insurance only cost was excess

 

[mattysavager]

Thanks Scott,

Is there something in the body corporate and community management act that shows this so I can escalate the dispute formally?

Hi Saiman,

I am a Body Corporate Manager in QLD. The below is general advice only, and may not accurately deal with the facts in your situation.

I will make the assumption that your townhouse complex was subdivided as a Building Format Plan. If it was not a Building Format Plan, the Body Corporate would not be responsible for the leak in any way, so since they have fixed it, we will presume Building Format Plan.

In the case as you have described, the Body Corporate has a responsibility to repair the cause of the problem (roof leak). This falls under the Body Corporate's statutory obligation to maintain the common property in good condition.

Any internal fittings of the Lot are the responsibility of the Owner, including internal finishes. That said, the body corporate insurance policy will normally cover resultant damage to a Lot, caused by damage or failure of common property. Your claim against the Body Corporate for the cost to repair would only be reasonable if the committee failed to act to fix the roof, and by doing so was found to be negligent in their duties.

I presume that the roof was fixed as soon as practicable after the leak identified.

As the Lot Owner, you should obtain two quotes to repair your internal damage and submit these to your Body Corporate Manager. They will then be able to claim on the Body Corporate's insurance policy for repair of the internals of the Lot, with an excess payable.

The excess is not dealt with under the legislation, however this is typically paid by the Body Corporate in a no-fault roof leak situation, as this is usually deemed to be the most fair outcome. If your townhouse is standalone, the body corporate may refuse to pay the excess and ask you to do so, as only your Lot benefits from the claim, which I also understand.

If you want more information, you can contact the Department of Justice, Commissioner for Body Corporate and Community Management. The department will advise by phone.

Matt