Question: Strata owns my pergola but I maintain it. Should my insurance include cover for the pergola?
I live in a strata complex and have a pergola beside my lot. Although the pergola belongs to the strata, I am responsible for maintaining it.
I’m switching insurance companies for my contents insurance/public liability. Should my insurance cover include public liability for the pergola?
Answer: Contents or landlords insurance generally extends to the pergola.
When a lot owner is responsible for maintaining a property feature, such as a pergola that is on common property but is under the care of the lot owner, they can be held legally liable for injury or property damage associated with it.
Typically, contents or landlords insurance includes public liability cover, which is intended to protect the lot owner from liability related to their property. This would generally extend to the pergola, covering the lot owner if a claim arises due to their responsibility for its maintenance. However, it is crucial to review the specific policy to ensure this coverage applies.
For the strata corporation, if drawn into a liability claim related to the pergola or any other common property, the strata insurance policy would generally respond, subject to the policy’s terms, conditions, and exclusions.
This post appears in the May 2025 edition of The WA Strata Magazine.
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.