Question: My roof has been leaking for 7 months. While the body corporate says they will fix the leak, nothing has been done. How do we move this along?
My townhouse roof has had a leaking issue for 7 months. The body corporate said it’s the body corporate’s responsibility to fix the leaking roof and they will be address the issue, however, the issue keeps rolling from one committee meeting to another and the defect still has not been addressed.
Can I submit a claim on the body corporate insurance? Will this be a simple or lengthy process?
Answer: Send a letter to the body corporate to put them on notice that if repairs are not completed by a specified date you would consider the body corporate negligent.
From description, this is a building maintenance issue and the body corporate should take care of it. What can you do if they are not?
Firstly, I would send a letter to the body corporate to put them on notice that if repairs are not completed by a specified date you would consider the body corporate negligent and responsible for any costs you may incur including legal fees to have the matter rectified and replacement costs for any damage to your property. This will establish the terms of discussion. You can ask for the letter to be included in the next committee meeting as correspondence.
After that, you can submit an owner’s motion to the Committee either asking for the repair to be done or with a quote to be approved. The Committee would have to consider this within six weeks. You could also submit a motion for all owners to vote on the matter at the next general meeting – you might need to look at the timeline of when this will be. You can also make an application to the Commissioner’s office to require the body corporate to undertake the works and if the matter goes far enough, they can require the body corporate to undertake the works.
All of these methods can take some time and it can be frustrating while the works are incomplete, but they are the legal pathways available. If the matter is serious enough, and you want assistance to get resolution you could engage a strata solicitor to assist you.
Essentially, you have to underline for the body corporate that it has a responsibility to maintain the common property and that you are willing to act if they do not adhere to this obligation. You shouldn’t really have to do this, but sometime it is necessary.
In terms of insurance, every owner is entitled to make a claim against the body corporate policy – owners pay into it after all. Your body corporate manager should provide you with a claims form or you can get one directly from the broker for the scheme.
If you speak to the broker they will probably be able to advise you if the claim is reasonable or not applicable under the policy. If the problem with the roof is just general wear and tear, it probably won’t be covered in the same way that your car insurer doesn’t cover wear and tear issues with your car. If you don’t have one you should be able to get a copy of the policy disclosure statement from your body corporate manager or online. Maybe it is on your scheme’s portal site and you can access it there.
How long will the claims process take? It will depend on a range of factors starting with how complicated the claim is. Then there are factors such as how busy the brokers and insurers are – pretty busy this year as there have been a higher than usual number of claims due to all the storm activity. To make the claim go faster provide as much clear, detailed information as you can when making your submission so that a definitive answer can be provided.
For more information on submitting motions follow the below link: Submitting motions.
To make a filing with the Commissioner’s office follow this link: Disputes.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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