Question: Heavy rain resulted in moisture coming through the tiled roof of our top-floor unit, saturating the insulation and collapsing the roof. Our strata manager says we should lodge the claim with our contents insurer. Isn’t this covered by strata insurance?
Answer: Ask your strata manager for confirmation.
If you have a strata management agency advising you that the responsibility is yours, they should have supported the advice with documentation demonstrating that this is the case. If they haven’t done this, ask for confirmation.
Your manager could send you a copy of the responsibility documents provided by the BCCM to highlight the areas of responsibility. They might also send you relevant insurance documents, if applicable.
Actual responsibility will depend on several factors, starting with which module you are in – standard format or building format. Then, you have factors such as where the repair is required. Is it inside the boundary of the lot or on the border? You must also consider any by-laws that might affect the issue, such as an exclusive use right.
In terms of whether the matter is an insurance claim, the body corporate manager couldn’t answer this specifically themselves. And, as an owner who pays into the body corporate funds for insurance coverage, you are entitled to make a claim as you see fit. If your manager or body corporate won’t help you with this, you can contact the insurer or broker directly.
Generally, the body corporate insurance will cover resultant damage to the building but not repair of the cause of the damage. If you have a broken tile in your roof that leads to ceiling damage, the repair of the ceiling may be covered, but either you or the body corporate would have to repair the tile.
From your description, the repair of the ceiling may apply as a claim. However, there may also be an excess, and these days, the excess rates for water damage tend to be high. It’s possible that a claim would be under the excess, reverting the costs to you or the body corporate. Or, if the repair costs were greater than the excess, you would be responsible for paying the excess if the claim was only for your lot.
There are multiple variables at play here. Without having all the details, there is no reason to believe the advice from your strata manager is incorrect. It may not be the advice you want, but the manager has done their job correctly if they have provided a rational explanation.
I note from your email that you only state what you think has happened. That’s fine, but if you want to challenge the position of the body corporate, you will probably need the advice of an expert to support your view. Your next step would be to book a contractor or push ahead with the insurance claim.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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