Question: Water entered the unit and damaged the floating floors, caused by improperly maintained body corporate assets. As floating floors are not covered by strata insurance, do I have any way of recovering my costs?
During the February 2022 Brisbane floods, water entered my first-floor lot. It ruined the bamboo floor and caused the paint to bubble and peel on my interior walls.
The apparent cause was improperly sealed exterior roof flashing resulting in inundation in the double brick cavity and subsequent water penetration to my unit through the brick and concrete walls.
The building insurers won’t cover the damage as floating floors are explicitly exempt from the policy.
As the damage to my unit was caused by improperly maintained body corporate assets, do I have a case for recovering my costs via QCAT or another avenue?
Answer: There needs to be strong and clear evidence that the damage was caused by a failure of the body corporate to maintain an item it is responsible for.
This has been a very common issue over the last 12 months. I suspect it will continue to be an issue as insurers are still wading through the insurance claims from the floods last year.
There is absolutely an avenue here for the lot owner. However, there needs to be strong and clear evidence that the damage was caused by a failure of the body corporate to maintain an item it is responsible for – to the correct standard. This is where claims often fall over.
It may also be worthwhile to assess:
- If the body corporate had an obligation to ensure the insurance coverage included the floating floors; and
- If the insurance policy does actually properly exclude the floating floors.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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