Question: Who is responsible for damage to a lot’s floating floors caused by a failed common property pipe?
I live in a strata block of around 50 apartments. A fault in the main water riser valve caused water damage to the floating floors in two apartments. The building insurance does not cover floating floors.
The council of owners say it is not responsible for the damage, even though the failure came from a common property pipe. They’ve directed the affected owners to make a claim under their own contents insurance. The council will not meet to discuss the issue and has instructed all communication to go through the strata manager. The strata manager says they cannot assist and will follow the council’s instructions.
If a common property pipe caused damage to the lot flooring and the building insurance does not cover the flooring, is the strata company required to pay for repairs, or do the affected owners have to claim on their own insurance?
Answer: If an owner believes the damage occurred due to the failure of common property that the strata company is responsible for maintaining, they may pursue the strata company for the cost of the damage.
A strata company has a statutory duty under section 91 of the Strata Titles Act 1985 (WA) to control and manage the common property and to keep it in good and serviceable repair, properly maintain and, if necessary, renew and replace the common property.
Where a common property pipe fails and causes damage within a lot, the strata company is responsible for maintaining that infrastructure. In many strata insurance policies, floating floors are not considered part of the building. They are often treated as contents, meaning they may not be covered under the building section of the strata insurance policy.
However, the absence of building insurance cover does not automatically determine liability. If an owner believes the damage resulted from the failure of common property that the strata company is responsible for maintaining, they may pursue the strata company for the cost of the damage.
One possible avenue is for the affected owner to lodge a claim under their contents insurance policy. If the contents insurer considers that the strata company was responsible for the loss, the insurer may then seek to recover the costs from the strata company (or its insurer) through the normal recovery process.
In circumstances where the strata company is considered legally liable for the loss, a claim may potentially be made under the public liability section of the strata insurance policy, which is designed to respond where the strata company is found liable for damage to a third party’s property.
This post appears in the April 2026 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.
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