The carpet in our unit was damaged caused by water ingress through a common property wall during a severe storm. Who is responsible for the cleanup and possible replacement of our carpet?
We had water ingress through a common property wall into our apartment that has soaked the carpet. This was caused by severe water ingress into the building as the result of a storm. The common areas such as the lift, stairwell and foyer all experienced flooding. In our situation, the water ingress came through a common property wall.
Who is responsible for the cleanup and possible replacement of our carpet? The strata say we need to contact our own insurer, as carpets are the responsibility of the lot owners.
Strata policies follow legislation and therefore, exclude cover for damage to carpet. The owner needs to claim under their contents insurance.
Section 53 of the Strata Titles Act 1985 defines “building” for insurance purposes as:
53. Amendment of strata lease
any building on the parcel for a scheme whether shown on the strata/survey-strata plan or not and also includes —
- (a) proprietors’ improvements and proprietors’ fixtures forming part of the building including paint and wallpaper but excluding carpet and temporary wall, floor and ceiling coverings
Strata policies follow legislation and therefore they will exclude cover for damage to carpet, which is why an owner needs to claim under their contents insurance.
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 Advisernet 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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