What can I do if the owners corporation repairs a leaking roof but refuses to fix the internal water and mould damage it caused?
The owners corporation did not properly maintain the roof or ensure quality work. As a result, the roof leaked into my main bedroom, causing significant water damage and mould.
The owners corporation has acknowledged that the roof needed repair and arranged for a roofer to fix it. However, they now refuse to repair the internal damage in my bedroom caused by the faulty roof.
What rights do I have to require the owners corporation to rectify the internal water and mould damage that resulted from their failure to maintain the roof?
Reviewing the strata’s insurance policy and its obligations may clarify whether the internal damage should be covered by insurance rather than at the strata or lot owner’s expense.
Each strata scheme is different, with its own boundaries, by-laws, and definitions of common property. It’s important to review these documents carefully to confirm ownership and responsibility for repairs.
In this situation, you have noted that the strata has acknowledged that the roof required maintenance and arranged for a repairer. However, the roof issue led to water entering the main bedroom, causing internal damage and mould.
If you confirm that the roof is common property under your scheme, the strata is generally responsible not only for repairing the defective roof but also for rectifying any internal damage that directly resulted from the roof leak.
It is also important to check whether an insurance claim has been made or should be made. Strata schemes are required to carry building insurance that often covers damage to lot interiors resulting from the failure of common property. Reviewing the strata’s insurance policy and its obligations may clarify whether the internal damage should be covered by insurance rather than at the strata or lot owner’s expense.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400
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Jamie Horner is the Licensee of Empire Estate Agents, Licensed in 1997 she has over 25 years’ experience in Strata and Property Management. A trainer at the Real Estate Institute of WA and member of the REIWA Strata Committee and a firm believer in continuous education and building better ‘communities’ in strata and property. Jamie has a Masters Degree in Property, a Degree in Business/Commerce, a Diploma in Management (Real Estate) and a Cert IV in Strata Community Management and Cert IV in Training and Assessment and passion for property. Jamie is a regular contributor to LookUpStrata.
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