Can a lot owner claim against the council of owners for costs caused by water ingress through common property?

From a strata insurance perspective, it is important to note that the costs for drying carpets and the excess electricity usage are generally not covered under the property section of a strata insurance policy. Carpets are typically classified as personal contents. Mould remediation may only be considered under the policy if it directly affects building components covered by the policy, such as walls or ceilings, rather than the carpets. This would, of course, depend on the specific policy terms and conditions.

Additionally, insurance claims may be denied if there is evidence of a failure to promptly address known issues or defects, such as the water ingress in this case.

The first and most critical priority is to ensure the water ingress issue is resolved. If the council of owners is not taking adequate action to fix the leak, it is important to be aware that under the Strata Titles Act 1985, the strata corporation has a legal obligation to maintain and repair common property, which includes resolving any defects causing the ingress of water.

You may have grounds for a claim against the strata corporation for costs incurred, but determining legal liability falls to the professional remit of a legal professional.

In the meantime, you might also want to explore the dispute resolution process offered by Landgate, which provides a formal avenue for addressing such issues. You can find more information here: Resolving disputes: Five step approach to resolving a dispute common strata disputes.