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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5054
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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15 weeks ago a continuous 11 hours 26 minute leak [electronically

Customer Question

15 weeks ago a continuous 11 hours 26 minute leak [electronically recorded] from a burst washing machine in unit situated immediately above my unit,caused extensive flooding, throughout my unit 4; the extent of which was subsequently documented by at least 3 Assessors , Estimators, plus one insurance agent.House and contents insurance was dealt with satisfactorily, but the structural water damage to bottom of doors, walls,and rooms,which is a Body Corporate matter and subsequent correspondence with the Body Corporate over 15 weeks, has failed to make any endeavour to settle the matter .I have owned the unit for 15 years[new] paid my Administrative fees and Sinking fund fees regularly and on time. I have delayed recarpeting the unit until structural repairs are carried out, as set forth in te Queensland Body Corporate Regulations 2008.I would greatly appreciate your advice on this matter
Submitted: 7 months ago.
Category: Australia Law
Expert:  Daniel replied 7 months ago.
HelloIssue is, you need to check if the strata / body corporate is liable, or the insurance company.Its a particularly difficult situation, as both of course will likely blame each other for the delay.You perhaps should ask the strata (if you don't know) who the insurer is then send them correspondence asking what the status is.Was the house and contents your insurance? Or that of the strata?
Customer: replied 7 months ago.
Contents Insurer Youi-replaccement of carpets,furniture in bedroom 1,,linnen
Ernst Body Corporate Management responsibility set out /as per Body Corporate Management Regulations 2008-body Corporate must ensure full replacement value and must cover to a greater practical extent,common property,Body Corporate assets and damage and costs incidential to placement/reinstatement of property to its original condition .I have met my obligations by paying administrative fees and sinking fund fees down the years
Customer: replied 7 months ago.
see above
Expert:  Daniel replied 7 months ago.
Far better to speak on the phone. I have offered a reduced fee to do so.
Customer: replied 7 months ago.
I would be pleased to speak to you by phone as suggested by you. about the flooding of unit 4,as above.-phone 38324689 until 1500 hours today 22/4/2016.l
Expert:  Daniel replied 7 months ago.
Will do, but first you need to accept the proposal above.
Customer: replied 7 months ago.
I would appreciate specific legal advice, to help me determine whether I have any possibility of success, and if not. I would accept that advice opinion and not continue
Expert:  Daniel replied 7 months ago.
Ok.Well you would have every possibility of success frankly. It is just an issue as to who is liable.You need to prove either strata or the insurance company is negligent.Hence speaking on the phone about the factors.If strata has done all they can and the insurance company just do not want to deal with it, then the insurance company is liable.In turn, if strata has done nothing about it, then they are liable.
Expert:  Daniel replied 7 months ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.
Expert:  Daniel replied 7 months ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.

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