Question: The breacher piece broke in an external wall. Strata management state the wall is exclusive use, and as the breacher serviced only our unit, we would not be reimbursed. Is this correct?
We have a unit in South Australia.
The breacher piece broke in a boundary wall. The pipes are connected to 3 other units. Water was going through the wall. We had it fixed and had to replace tiles that were only laid a few months ago, and paid the bills.
When I reported the repair to the strata management they said it was exclusive use, as the breacher serviced only our unit. Therefore, we would not be reimbursed. Surely, as it was part of the infrastructure and inside an external wall, it should be strata’s responsibility. If we hadn’t fixed it, it would have affected the other units.
They offered their insurance to cover the tiles. The excess was more than the tilers bill, so I said no. But why offer insurance from a problem they say is our problem?
Answer: If the pipe only services your unit it is considered an owner’s responsibility.
I am assuming that your unit is a Strata Title if this is a Community Title please let us know and we will amend the response.
Section 5 (6b) of the Strata Titles Act states:
Nature of strata plan and requirements with which it must conform
any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;
This means that if the pipe only services your unit it is considered an owner’s responsibility. While if left the leaking pipe may have caused damage to common walls of others units, the best way I use to describe who is responsible is, if the leaking pipe was removed or cut and capped who would be affected and in relation to breacher pieces inside units, your unit would be the only one affected, therefore this pipe is for your exclusive use only.
As for the insurance, as the Strata Corporation is required to insure the entire property, the building and fixtures are included in this policy, however it will exclude carpets and owners personal contents. The leaking breacher has caused damage to the walls and therefore falls under the Corporation insurance and is coverable. Who pays for the claim if it falls under excess is a decision that each corporation makes.
A better way to explain this is that if you left something cooking on the stove and it ended up causing a fire, your kitchen would be damaged and despite owners being responsible for maintaining their own kitchen, the kitchen is a fixture of the building and would be covered under the Strata Corporation’s insurance policy.
This post appears in Strata News #519.
Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777