Strata - how do they rebuild?

Discussion in 'Legal Issues' started by qak, 16th Nov, 2021.

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  1. qak

    qak Well-Known Member

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    There's an interesting situation in the next suburb (in NSW). There's a block of villas, about 15 villas, all single level brick and tile, most of them are actually separate buildings but are connected into one long structure, with metal roofed garages in between most villas.

    Recently there was a big fire in one of the villas - it is destroyed. We actually used to live in the very next villa & have friends in the property over the back fence. Fire/damage did not spread to any other villa.

    The villas would probably be 1960-70 vintage - rather than red textured brick, they are the cream coloured textured bricks.

    So curious me is wondering:
    - When it comes to restoring this, can they still get bricks to match this? Or are they going to have to rebuild with something else?
    - if the insurer says the occupant did this deliberately, can they refuse to pay? How does that work in terms of strata obligations to maintain common property? Would someone have to sue the occupant?
    - while the villa is uninhabitable do you still have to pay strata fees?
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Similar bricks or rendered coatings etc can be used. The insurer will assess this and involve specialist remedial builders (who also assess the claim) who do this often. It wont be identical but they will attempt to replicate what was there very closely...The policy doesnt promise it will be identical. It just says "replacement". The policy is "reinstatement cover" to replace what was there with a new version that is neither better or worse than before. If the offer is not acceptable eg they want it to be papermache, then you would oppose the assessor and seek further opinions. They wont replace red brick with creme. They would obtain red bricks that may differ in colour and texture or use a coloured render etc. They will also rebuild to present code which may involve changes.

    Generally if a fire was deliberate on the part of the strata owner/s the insurer will seek to deny liability if its arson but if its a case of criminal acts by a third party or accident on the part of a tennat then a firebrigade / police report etc is sufficient. IF the insurer can pursue liability thats up to them.
     
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