Question: Who is responsible for organising trades to quote on the internal damage to my unit, considering the damage results from a common property issue (the roof)?
My unit, located in a Building Format Plan (BFP), has experienced roof water ingress twice this year due to storm damage and lack of roof maintenance. The strata committee has approved fixing the roof leak. They asked me to arrange quotes for the internal damage within my unit and submit them for their consideration regarding payment or an insurance claim. Who is responsible for organising quotes for damage in my lot?
Answer: Lot owners are responsible for organising and managing repairs within their own unit, including obtaining quotes for any internal damage.
In most cases, lot owners are responsible for organising and managing repairs within their own unit, including obtaining quotes for any internal damage. This remains the case even when the cause of the damage, in this instance roof water ingress, is related to a body corporate responsibility under a Building Format Plan (BFP), such as roof maintenance.
Where internal damage is not part of an insurance claim, and the damage is attributable to a failure of the body corporate to maintain common property, it is reasonable for the lot owner to request that the body corporate contribute to or reimburse repair costs. However, it is not a requirement under the Body Corporate and Community Management Act for the body corporate to arrange these repairs on the lot owner’s behalf. The committee may choose to do so, but that would be at their discretion.
If the damage is being handled as part of an insurance claim, the insurer may appoint trades to undertake the repairs, and you can request that the insurer manage the process.
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
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.
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