If insurance rejects a window leak claim as maintenance, will strata cover the damage?

From what you’ve described, this does sound like an external building envelope issue. In most cases, it would be common property, particularly as the glass-brick window, mortar and external seals form part of the building’s external structure and cannot be accessed or maintained by an individual owner.

Insurers generally need confirmation of the cause of the water ingress before they can determine whether the event qualifies as an insurable “accidental damage” claim. Suppose the leak test identifies that water is entering through deteriorated seals, mortar or other external components. In that case, the insurer will assess whether the failure was truly “sudden and accidental”, as required under the policy’s insuring clause. In this situation, the “sudden” element is typically the main hurdle. Insurers also apply a range of exclusions for maintenance, wear and tear, corrosion, gradual deterioration, developing flaws, building defects, and rectification of faulty work. Based on the details you’ve provided so far, it is likely there will be some challenges in having this claim accepted.

If the insurer declines the claim, it is outside my professional remit to advise definitively on responsibility for repairs outside of an insurance context, as this falls within the expertise of a strata manager or strata lawyer. However, I can share general insights from my experience in strata: external walls—including glass bricks, mortar, waterproofing and similar building elements—are typically considered common property, and the maintenance and repair of common property is normally the responsibility of the strata company. That said, I would strongly recommend seeking formal guidance from your strata manager to confirm the precise responsibilities in your particular scheme.

Ultimately, the best next step is to wait for the results of the leak test, as this will provide clarity on both the cause and whether the insurer is likely to respond. If the insurers deny the claim, your strata manager will be the appropriate person to advise on ownership and maintenance obligations and to coordinate any necessary repairs.

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.