This article discusses WA common property roof leak responsibilities for repairing resulting internal damage.
Question: What can I do if the owners corporation repairs a leaking roof but refuses to fix the internal water and mould damage it caused?
The owners corporation did not properly maintain the roof or ensure quality work. As a result, the roof leaked into my main bedroom, causing significant water damage and mould.
The owners corporation has acknowledged that the roof needed repair and arranged for a roofer to fix it. However, they now refuse to repair the internal damage in my bedroom caused by the faulty roof.
What rights do I have to require the owners corporation to rectify the internal water and mould damage that resulted from their failure to maintain the roof?
Answer: Reviewing the strata’s insurance policy and its obligations may clarify whether the internal damage should be covered by insurance rather than at the strata or lot owner’s expense.
Each strata scheme is different, with its own boundaries, by-laws, and definitions of common property. It’s important to review these documents carefully to confirm ownership and responsibility for repairs.
In this situation, you have noted that the strata has acknowledged that the roof required maintenance and arranged for a repairer. However, the roof issue led to water entering the main bedroom, causing internal damage and mould.
If you confirm that the roof is common property under your scheme, the strata is generally responsible not only for repairing the defective roof but also for rectifying any internal damage that directly resulted from the roof leak.
It is also important to check whether an insurance claim has been made or should be made. Strata schemes are required to carry building insurance that often covers damage to lot interiors resulting from the failure of common property. Reviewing the strata’s insurance policy and its obligations may clarify whether the internal damage should be covered by insurance rather than at the strata or lot owner’s expense.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
This post appears in Strata News #773.
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