Problem/Query with Strata Manager

[Bungendore]

We own an investment unit in NSW covered by a body corporate. The drainage pipes in the unit above us leaked into our bathroom and caused damage. The body corporate took responsilibity for repairing the leak.

But after the repairs, they refused to repaint where the repairer chipped into the wall and ceiling of our bathroom or to repair the rust damage to the bathtub caused by the leak.

They advised that it is internal and my responsibility to be fixed at my cost.

Is this true? They either accept responsibity or not. I expected them to return my property to me as it was before it was damaged by someone else outside my property and my control.

Where do I stand legally???

 

[Peterw]

Ask them to provide you with a full copy of their insurance policy. I do believe that your solution will be in that document.

 

[Alabex]

this is pretty common.. they will repair common property but the ceiling is considered yours and up to you to repair.

 

[mary&mat]

Not sure if it's different in ACT, but when we had water damage to our flat in Vic due to damaged tiles on the roof, the B/Corp paid for us to get repainted internally too.

 

[neK]

I thought the ceiling was considered to be common property as it joins onto someone elses property.

I could have sworn an extraction fan in the ceiling would be covered by strata because the ceiling was common property.

 

[wish-ga]

Call Office of fair trading in your state (ACT link below).

http://www.accc.gov.au/content/index.phtml/itemId/288305/fromItemId/815972/quickLinkId/816517/whichType/org

I'm in nsw, they have a building/property sub section. They will tell you what is covered by body corp.

 

[rupert]

Ceilings are not ordinarily covered by the OC as that is "internal" and that is the advice you will receive from the Office of Fair Trading. However, they have a responsibility to repair the leak and compensate you for the damage caused. Like Peterw said, lodge a claim under the OC's building insurance.

 

[ChristineFreels]

its actually a not complicated:
the Owners Corporation has insurance which covers the BUILDING and the definition of "building" in Sec 81 of the NSW Act excludes paint
............In this Part, building includes:
(a) owners’ improvements and owners’ fixtures forming part of the building other than paint, wallpaper and temporary wall, floor and ceiling coverings...

the paint and bathtub belong to the lotowner (ie not common property and not "building") so the lot owners' insurance would cover those

the exhaust fan - it depends on your exact lot boundaries (check the registered strata plan) and bylaws. The exahust fan is OC repsonsibility if its mounted within "structural cubic space" or above the ceiling or outside the lot

 

[turk]

its actually a not complicated:
the Owners Corporation has insurance which covers the BUILDING and the definition of "building" in Sec 81 of the NSW Act excludes paint
............In this Part, building includes:
(a) owners’ improvements and owners’ fixtures forming part of the building other than paint, wallpaper and temporary wall, floor and ceiling coverings...

the paint and bathtub belong to the lotowner (ie not common property and not "building") so the lot owners' insurance would cover those

the exhaust fan - it depends on your exact lot boundaries (check the registered strata plan) and bylaws. The exahust fan is OC repsonsibility if its mounted within "structural cubic space" or above the ceiling or outside the lot

Hi Christine

I also think this is not complicated but have a the opposite view to you.

As the OC has accepted responsibility for the cause of the damage they are also responsible for the repairs that this damage has caused, whether the ceiling is the owners responsibility(or owners ins. co.) is irrelevant.

The OC's insurance should cover repairs to OC property plus repairs to 3rd party property(i.e. public liability) if it does not it is still not the owners responsibility, the OC would still have to pay.

To try and make this a bit more simple, if a owner parked their car in their
carpark and a section of wall which the OC was responsible fell on the car
I would be amazed if the OC manager tried to claim that the OC(or their ins.co.) will repair the wall but the owner is responsible for the repair of the car.

I am continually amazed at the duck shoving or lack of knowledge many OC
managers have.

Go get 'em Bungendore.

Cheers

Pete