water damages on ceiling

[tpw]

Hi all,

The unit above my rental property had a water leak, which caused some water damages & marks on my ceiling. The property is in NSW.

The strata manager has already sent someone to fix the unit above but she says I'll need to claim from my insurance to get my ceiling fixed. This seems contrary to my understanding that the ceiling is a common property and it's damaged by the unit above, hence, shouldn't the strata fix it?

A similar incident happened in one of my previous apartment block, and the strata manager there got the ceiling fixed for my neighbour.

Anyone knows what's the correct procedure? BTW, I didn't have insurance for the unit as it's very old.

 

[alaninbrisbane]

Me eerience in Qld

THE Body Corporate is required to rectify any common property ,including walls etc and any cause of leakage. You are probably liabable to pay for any result of the damage, paint, damage to flooring etc .
1. formally ask your body Corporate Manager..re responsibilities
2, check with your insurance company

In Qld with Suncorp will rectify damage just once , repainting etc on the condition that they will not cover the same issue again as you are expected to rectify the problem this means that you should have the cause rectified first and then the damage subsequently...thats my experienc .nothing too complicated ,The BC has a duty to act with expediency ..

 

[rowena]

Find out who your body corporate insurer is, normally in the Annual AGM notes, ring said insurer and ask them the question. body corp manager will try and put you off so they dont have to put the claim in, or for their insurance to go up!. at least if u have asked the insurer first, you will have more of a chance to get body corp manager to lodge the claim for you!. You can also find out from insurer what needs to be done aswell.

 

[brettc]

The policies can vary from building to building depending on the type of Strata Building policy that the Body Corporate has in place. In the main if the ceiling needs to be patched and painted it is probably considered contents insurance and the owners responsibility, particularly the painting.

If it is structural between the two units, then that should be Strata Building.

Regardless of the age you should have a contents policy to cover yourself against liability. If the building is old it is probably even more important to ensure that liability is in place as once someone is inside your unit the body corporate insurance will not respond.

Our RentCoverUltra is considered as an Extra Protection Policy, which means that if Strata Building Insurance doesn’t cover an “Insured Event” we will, at least in most circumstances.

 

[zepth]

It doesn't matter if the paint is normally covered by contents insurance. The damage was caused by the leak from another unit therefore the liability to repair the damages caused also falls to the other unit, or if the damage was from a BC pipe then likewise the BC is liable for all repairs including the paint.

 

[brettc]

It doesn't matter if the paint is normally covered by contents insurance. The damage was caused by the leak from another unit therefore the liability to repair the damages caused also falls to the other unit, or if the damage was from a BC pipe then likewise the BC is liable for all repairs including the paint.

No, the contents insurer would pay for the property to be painted and then if there is a responsible party they would seek recovery. The other policy won’t respond to another persons property in this situation.

Alternatively, they could try making a liability claim but the owner of the other unit must have been negligent it just can’t be an accident or a defined event.

 

[badcliq]

No, the contents insurer would pay for the property to be painted and then if there is a responsible party they would seek recovery. The other policy won’t respond to another persons property in this situation.

A little different than car insurance claims!

 

[zepth]

No, the contents insurer would pay for the property to be painted and then if there is a responsible party they would seek recovery. The other policy won’t respond to another persons property in this situation.

Alternatively, they could try making a liability claim but the owner of the other unit must have been negligent it just can’t be an accident or a defined event.

Negligence has little to do with it. The property of party A has been damaged by the property of party B. Party A can choose to claim on their insurance and pay an excess for the privilege of having them chase party B on their behalf.

Alternatively party A can send party B a letter of demand for the damages in which case party B can either pay it out of their own pocket or pass it on to their own insurance to pay on their behalf.

 

[Pixie]

I am on the same boat

Hi all,

The unit above my rental property had a water leak, which caused some water damages & marks on my ceiling. The property is in NSW.

The strata manager has already sent someone to fix the unit above but she says I'll need to claim from my insurance to get my ceiling fixed. This seems contrary to my understanding that the ceiling is a common property and it's damaged by the unit above, hence, shouldn't the strata fix it?

A similar incident happened in one of my previous apartment block, and the strata manager there got the ceiling fixed for my neighbour.

Anyone knows what's the correct procedure? BTW, I didn't have insurance for the unit as it's very old.

hi, i m going thru the same situation as i type

basically the tenant above my apartment (i too, live in a 1970s strata unit/apt) busted her pipe in her kitchen , cause damage to my ceiling

i confronted the tenant and also let my OC know about it (with lots of photos).. The OC advised the owner of the unit to get multiple quotes.

The PM forwarded the quotes to OC and now the OC is claiming it thru the building insurance and the owner above me is required pay the excess....

this is my situation

hope this helps

 

[Peterw]

We had a situation a couple of years ago, where the water service to a dishwasher was nibbled through by a mouse. Overnight, it flooded that unit, as well as the one below. We claimed against the insurer of the upstairs unit, for costs of repair, including replacing the carpet. Since then, a series of fact sheets of been issued, and things may be different if it happened again. Here is a link to the fact sheets. There may be similar in other states.

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