This article discusses how a window leak claim is assessed when insurers classify damage as maintenance, and whether a WA strata company is responsible for repairing both external defects and resulting internal damage.
Question: If insurance rejects a window leak claim saying it’s maintenance, is the strata company responsible for repairing the damage caused by the leak?
I live in a five-storey strata building in Perth, WA. Recently, we had water ingress through a glass brick window, which caused the wooden internal window sill to swell. There is also mould, and the mortar between the glass bricks is crumbling.
We lodged a claim directly with the insurer, who told us that until a plumber carries out a leak test from the outside, they cannot confirm whether this is an insurable event or a maintenance issue. The leak appears to be clearly caused by water ingress through weathered seals and mortar around the glass bricks.
If the insurer ultimately says this is a maintenance issue and declines the claim, are we entitled to expect the strata company to pay for both the external repairs (regrouting and resealing the glass bricks) and the internal damage (replacement of the swollen sill and affected grout)? Can you confirm that this is a common property issue, given that the glass brick window is on an external wall and is not something we, as lot owners, can practically maintain?
Answer: Wait for the results of the leak test, as this will provide clarity on both the cause and whether the insurer is likely to respond.
From what you’ve described, this does sound like an external building envelope issue. In most cases, it would be common property, particularly as the glass-brick window, mortar and external seals form part of the building’s external structure and cannot be accessed or maintained by an individual owner.
Insurers generally need confirmation of the cause of the water ingress before they can determine whether the event qualifies as an insurable “accidental damage” claim. Suppose the leak test identifies that water is entering through deteriorated seals, mortar or other external components. In that case, the insurer will assess whether the failure was truly “sudden and accidental”, as required under the policy’s insuring clause. In this situation, the “sudden” element is typically the main hurdle. Insurers also apply a range of exclusions for maintenance, wear and tear, corrosion, gradual deterioration, developing flaws, building defects, and rectification of faulty work. Based on the details you’ve provided so far, it is likely there will be some challenges in having this claim accepted.
If the insurer declines the claim, it is outside my professional remit to advise definitively on responsibility for repairs outside of an insurance context, as this falls within the expertise of a strata manager or strata lawyer. However, I can share general insights from my experience in strata: external walls—including glass bricks, mortar, waterproofing and similar building elements—are typically considered common property, and the maintenance and repair of common property is normally the responsibility of the strata company. That said, I would strongly recommend seeking formal guidance from your strata manager to confirm the precise responsibilities in your particular scheme.
Ultimately, the best next step is to wait for the results of the leak test, as this will provide clarity on both the cause and whether the insurer is likely to respond. If the insurers deny the claim, your strata manager will be the appropriate person to advise on ownership and maintenance obligations and to coordinate any necessary repairs.
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.
This post appears in the February 2026 edition of The WA Strata Magazine.
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