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Advice please-Claiming Loss of rent from Strata

Discussion in 'Property Management' started by kenh2003, 9th Feb, 2016.

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  1. kenh2003

    kenh2003 New Member

    Joined:
    9th Feb, 2016
    Posts:
    1
    Location:
    Sydney
    I own a unit in NSW, it flooded due to a burst water tank in unit above, causing water damage throughout.
    Strata, through insurance, organised repairs, it was more or less cosmetic damage.
    The insurance repairer identified a pre existing crack in a support beam between kitchen and lounge. The quote for completing repairs stipulated that the crack must be repaired before any of their repairs could commence.
    I inspected the property after the flood and was concerned there was a structural problem that the flood had drawn attention to, water had poured out the crack and it was damp to touch either side of the crack.
    Strata organised an inspection and reinforced it was my responsibility to fix the crack, it wasnt structural. They were very stroppy about that and implied I was wasting resources.
    In the meantime, the tenant gave notice to vacate and a new tenant was secured, they paid a deposit, new tenant aware repairs would be carried out.
    I had a quick look on youtube and off I went to fill the crack, chunks of wet plaster fell out, either side of the crack, followed by concrete, revealing rusted concrete bars across the beam. I take photos and forward them to strata who in turn send them to the insurer. Strata forward me their email communication with the insurer, the insurance broker accused me of tampering with the beam as it didnt look like that in their photos taken after the flood.
    I inform the REA to let the new tenant know they cant move in and their deposit is returned to them.
    I demand another inspection from strata. I had to raise hell for this to happen. I return the following day, the whole length of rusted beam is exposed and the ceiling is supported by acrow props.
    Finally there is an admission of a structural problem. All the steel had rusted and blown the concrete.
    Strata then obtain 3 quotes for repair and forward them to the executive committee who then arrange a meeting to decide on a quote. That whole process takes 3 weeks, when a decision is finally made, the chosen contractor cant commence the work for a month due to Christmas and New year. The whole time I was urging strata and the executive committe to act quickly.
    By the time work commences my unit has been vacant for 7 weeks, it takes a further 3 weeks until the structural repairs and the flood insurers repairs to be completed.
    Through the strata manager, I asked for a loss of rental income reimbursement on the grounds that the unit was uninhabitable because the kitchen was not accessible due to the structural damage. Arguably this would have been approx 8 weeks if I take it from the acrow props going up and the beam being replaced.
    The insurance company that the strata manager is asking to process the claim is stalling. After reading up on strata insurance, I think its a grey area. Strata insurance usually only covers loss of rent when it is a result of an event that a claim arises from. The insurance claim was for the flood not the damage to the structural beam. However the insurer repairs stipulated the crack be repaired first.
    If the claim is denied by insurance, can I make a claim against strata to reimburse me? I realise I am part of strata but the strata manager and the executive committees actions caused lengthy unnecessary delay and loss of income.
    Yes, I am an idiot and dont have landlords insurance.
    Does anyone think I have a case and how should I present it. Can NCAT help me even though they dont make decisions regarding compensation.
    Any thoughts greatly appreciated.
     
  2. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    898
    Location:
    Qld
    It will all depend on the wording of the strata policy as to whether loss of rent is covered or not.

    You will not have a claim against management unless you can prove negligence. With the Christmas break the time frame does not seem excessive.

    We are presently having repairs carried out by insurance after a storm event last November.

    And while you are waiting, investigate insuring yourself to cover these events.
    Marg
     
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  3. Richard Williams

    Richard Williams Buyers Agent - Southeast QLD Business Member

    Joined:
    9th Aug, 2015
    Posts:
    471
    Location:
    Loganholme, Brisbane
    Welcome to the world of strata.... Lessoned learned must have landlords insurance even for a unit..

    Email this guy he is very good... Strata Law | Block Strata Lawyers