When a roof leak only damages one unit, is the body corporate responsible for repairs and insurance excess?

Responsibility for repairing roof-related damage in a strata property depends on the type of plan your building is registered under. If your property is subject to a Building Format Plan (common in apartment-style buildings), the roof is typically considered common property. In this instance, the body corporate is usually responsible for the roof's maintenance. If it's a Standard Format Plan (common in townhouse-style developments), the lot owner is generally responsible for their roof.

It's worth confirming which format your building falls under by checking the registered plan or speaking to your body corporate manager.

In terms of the insurance excess, Queensland legislation allows the body corporate to determine how an excess is applied. Section 204(4) of the Standard Module (and similar provisions in the Accommodation and Commercial Modules) says that if an event affects one or more lots and common property, the default position is that the body corporate pays the excess, unless it decides it's reasonable for the owner of the affected lot to pay, or for the cost to be shared.

So, while the committee may point to only one lot being affected, if the event originated from a common property element like the roof, there may be grounds to ask the committee to reconsider its position. The owner can submit a written request asking the committee to assess the matter based on the legislation and what is reasonable in the circumstances.

If the claim falls below the excess amount, insurance may not apply, and any legislative provision regarding excess is not applicable. It becomes a matter of legal responsibility for the damage—a separate but equally important discussion.

In these types of disputes, it's often best to focus on presenting your case clearly and respectfully to the committee, with supporting details like where the water ingress occurred, what parts of the building were involved, and references to the legislation that supports your position. If the matter remains unresolved, you can also contact the Office of the Commissioner for Body Corporate and Community Management for advice or dispute resolution options.

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.