WA: Storm water damage to carpets in strata who is responsible and why owners must claim contents insurance

Question: The carpet in our unit was damaged caused by water ingress through a common property wall during a severe storm. Who is responsible for the cleanup and possible replacement of our carpet?

We had water ingress through a common property wall into our apartment that has soaked the carpet. This was caused by severe water ingress into the building as the result of a storm. The common areas such as the lift, stairwell and foyer all experienced flooding. In our situation, the water ingress came through a common property wall.

Who is responsible for the cleanup and possible replacement of our carpet? The strata say we need to contact our own insurer, as carpets are the responsibility of the lot owners.

Answer: Strata policies follow legislation and therefore, exclude cover for damage to carpet. The owner needs to claim under their contents insurance.

Section 53 of the Strata Titles Act 1985 defines “building” for insurance purposes as:

53. Amendment of strata lease

any building on the parcel for a scheme whether shown on the strata/survey-strata plan or not and also includes —

1. (a) proprietors’ improvements and proprietors’ fixtures forming part of the building including paint and wallpaper but excluding carpet and temporary wall, floor and ceiling coverings

Strata policies follow legislation and therefore they will exclude cover for damage to carpet, which is why an owner needs to claim under their contents insurance.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 07 3899 5129

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 Advisernet Australia AFSL No 240549, ABN 15 003 886 687.