Must a body corporate disclose defect reports to their insurer at renewal?

By admin,

If an owner pays for building investigations following a defects inspection, should the initial Defects Report and any subsequent Reports be made available to the quantity surveyor commissioned to prepare the next Sinking Fund Forecast?

Does the body corporate have a duty to disclose these reports, and the identified risks, to their broker/insurer when renewing their insurance cover?

Lot owner ignored known water leaks causing common property damage — are they liable?

By admin,

A lot owner in our building (BFP) is aware they have water traps on their lot. They have leaky covers on rooftop access doors, plus a leaky and poorly constructed pergola on their exclusive use rooftop terrace. These items are not maintained or repaired so that they work properly to prevent water damage. The resultant water damage becomes the cost of all owners to fix. Can the owner be pursued for the cost of the resultant repairs?

Body corporate failed to maintain common property and caused flood damage — can I recover costs?

By admin,

During the February 2022 Brisbane floods, water entered my first-floor lot. It ruined the bamboo floor and caused the paint to bubble and peel on my interior walls.

The apparent cause was improperly sealed exterior roof flashing resulting in inundation in the double brick cavity and subsequent water penetration to my unit through the brick and concrete walls.

The building insurers won't cover the damage as floating floors are explicitly exempt from the policy.

Car written off due to blocked drain in apartment complex — is the body corporate liable?

By admin,

While my car was parked in a non-reserved space in our apartment complex it got damaged (written off) due to heavy rain overnight. The damage was caused by a drain in front of the car that was blocked by debris.

Is the body corporate liable for the damage to my car? If so, how do I approach the body corporate to get our car insurance excess covered?

Unauthorised renovations caused a leak — who pays the excess and will insurance investigate?

By admin,

Our body corporate has six duplexes / 12 units at ground level. Without approval, one lot owner appears to be renovating the interior of their unit.

The kitchen sink and hot water system have been removed. A leak in an internal wall flooded parts of the unit. The leak may have been due to the renovations.

Owner damaged their own garage — can the body corporate insurer recover costs from the owner?

By admin,

An owner within our complex of 36 townhouses misjudged their garage door opening and caused significant structural damage to the cost of around $30,000. The body corporate insurer paid for repairs, and the owner paid the excess.

Storm damaged PVC shutters but by-laws require aluminium — who pays the upgrade cost?

By admin,

PVC shutters were installed on individual apartment balconies when the complex was built around 2008. Shutters are included in the body corporate building insurance. Building compliance by-laws now requires shutters to be made of aluminium rather than PVC. A recent storm caused damage to shutters on several apartment balconies. Insurance will only replace like for like.