Who is responsible for replacing flooring damaged after the building manager delayed fixing a leaking stop cock?
The building manager agreed to fix a leaking stop cock but did not carry out the repair until 17 days later. During that time, water damage occurred to my floorboards, and I now need to replace the flooring in the whole room. The flooring cannot be replaced like for like. Who is responsible for the replacement?
In the first instance, try to resolve the issue with the insurer.
The usual course of action with floorboards will depend on whether they are covered under the strata insurance policy. If the flooring is considered a floating floor and the strata policy excludes cover for it, the first step would be to make a claim under your own contents insurance.
When it comes to the issue of matching the flooring, this can be more complex. Insurers generally do not provide matching cover – meaning they will replace the damaged portion but exclude the non-damaged portion. That can result in only part of the room being replaced. Depending on the size of the area, you may be able to push the insurer to replace the whole room, but this is not guaranteed.
If you believe that the owners corporation is legally liable for the full replacement, including matching, you would need to put your case forward in writing to them. If that is not successful, the next step would be to pursue the matter through the applicable dispute resolution process (for example, via Fair Trading Strata disputes) or seek legal advice.
So in practice, the first instance would be to try to resolve the issue with the insurer. If you remain unsatisfied, you can then put your case to the owners corporation for why you believe they are responsible.
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
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Tyrone Shandiman is a seasoned professional in the insurance industry having embarked on his journey in 2004 within the financial services sector. In 2011, he established Strata Insurance Solutions, transforming a garage startup into a reputable firm servicing over 900 clients with a dedicated focus on strata insurance. Tyrone's role extends beyond managing operations and tackling complex insurance matters; he also founded the Australian Consumers Insurance Lobby, championing consumer rights within the insurance industry. Notably, his efforts and expertise have been acknowledged with numerous industry awards. Adding to these accolades, Strata Insurance Solutions was recently named an Australian Top Brokerage by Insurance Business Australia Magazine, a testament to the firm's excellence and leadership in the field. Tyrone is a regular contributor to LookUpStrata.
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