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My very elderly mother lives in a townhouse in the ACT. She…

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My very elderly mother lives...
My very elderly mother lives in a townhouse in the ACT. She pays strata levies and home and contents insurance for this property. Recently during a storm water came in through the roof and pooled over the laundry ceiling. The ceiling needed to be punctured to drain the water and thus now requires repairs.The roof has been fixed but there is a dispute re the cost of repairing the ceiling. The NRMA will only cover the cost (without an excess because of the type of policy she holds) if the The ACT Strata Management firm issues a letter to say that it will not cover that cost. My mother saw them this morning and they refused to issue a letter and required my mother to pay an excess (?) of around $2000 before they would get a tradesman to complete the job. Any advice would be appreciated. ***** *****
Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/5/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

whats does the policy say in relation to storm and tempest ?

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Customer reply replied 8 months ago
hi John, the policy states 'If your home is under a strata or similar scheme and a listed event causes loss or damage to the fixtures shown here.
Covered under Contents Insurance
the following fixtures:
– built-in furniture and cupboards – stoves
– hot water services
– shower screens
– paint and wallpaper
– built-in air-conditioner
– fixed awnings
– solar panels.
Not covered
items that are:
– covered by an insurance policy taken out by
an owners corporation or similar body, or – part of common property'
Solicitor: John Melis, Lawyer replied 8 months ago

if this is the case you can make a claim against the owners corp.

do you need assistance to draft a letter to them ?

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Customer reply replied 8 months ago
I assume that the owners corporation is the strata management firm. In the Australian Strata Title for the ACT it requires the excess to be paid by the body corporate if the owners corporation insurance policy does not meet the full damages.
Solicitor: John Melis, Lawyer replied 8 months ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 8 months ago
No thanks John. I just need confirmation that this matter is one between the Body Corporate and the strata management firm and that my mother is not liable.
Solicitor: John Melis, Lawyer replied 8 months ago

if the bylaws are correct with your comments then your mother is not liable.

does this answer your important question today ?

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