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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42357
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have bought a property in Melbourne and the insurance is

Customer Question

We have bought a property in Melbourne and the insurance is covered by a strata agreement and the owners corporation. We only moved in 6 months ago and the ceiling in one of the bedrooms had collapsed. We had a look on the roof (metal with peaked middle and run-off gutter) and there are several small holes that have breached the integrity of the run-off and let the water in. It appears as if this problem may have been building for a while. The holes look like they might have occurred as the run-off for the gutter is not working properly and the water pools in it.
What happens for insurance if it turns out the gutters were not installed properly and the insurance refuse to pay due to technical breach of agreement between owners corp and insurance company. Are the owners corp obliged to sort this out in that case?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist youIt is a matter that has to be dealt with by the body corporate. It is not your responsibility. If the builder has failed to do the job correctly then the body corporate can sue them for the cost of the repairs. This is an issue for the body corporate and if they do not do anything you can then sue them for any losses you have suffered to your personal items. I hope this makes sense and is of assistance, If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 5 months ago.
Hi Leon,Thanks for that. I need a bit more information though. What contract / legislation / agreement / paragraph can I point at to the body corp and say "you need to sort this - it is not my problem that your agreement with the insurance company has breaks down here"?
Expert:  Leon replied 5 months ago.
Good MorningHere is some information followed by the link it came fromCommon propertyCommon property is whatever it is stated to be on the plan of subdivision and may include gardens, passages, walls, stairwells, pathways, driveways, lifts, foyers and fences. The owners corporation is responsible for the common property - the Owners Corporations Act 2006 states that the owners corporation must, among other things, manage, administer, repair and maintain the common property. Responsibilities of an owners corporationAn owners corporation must:manage and administer the common propertyrepair and maintain the common property, fixtures and servicestake out and maintain required insuranceraise fees from the lot owners to meet financial obligationsprepare financial statements and keep financial recordsprovide owners corporations certificates when requestedkeep an owners corporation registerestablish a grievance procedure.It must also:carry out any functions and duties under the Owners Corporations Act 2006, the Owners Corporations Regulations 2007, the owners corporation rules and any other law or regulationensure compliance with Owners Corporations Act 2006, the Owners Corporations Regulations and rules. roof and gutters would form part of the Common property. You have to look at the Strata Plan and get more details from the Solicitor that acted on your purchase. It is not common that they are the responsibility of the unit owner. You would own from the paint work in and the structure is the common property and therefore the responsibility of the body corporate. Under the Act is it section 46 hope this is enough to get them to move. All the best and good luck
Expert:  Leon replied 5 months ago.
Good eveningI am just following up the last post. Is there anything else I can assist you with?