How to determine whose responsibility to repair the damage caused by the roof leaking incident can be challenging. Or, whose responsibility to repair the damages caused by the burst toilet in your neighboring strata lot? Determining responsibility for repairing damages in a strata corporation can be complex, but here are some key points to help clarify:
Common Property vs. Strata Lots: Common Property: The strata corporation is generally responsible for repairs and maintenance of common property, such as hallways, roofs, and exterior walls.
Strata Lots: Individual owners are typically responsible for the maintenance and repair of their own strata lots, which includes the interior of their units.
Bylaws and Agreements: The strata corporation’s bylaws and any alteration agreements play a crucial role in determining responsibilities. These documents outline who is responsible for specific repairs and maintenance tasks.
Insurance: If damage exceeds the strata corporation’s insurance deductible, an insurance claim can be made. The strata corporation usually handles repairs, and the insurance covers the costs, minus the deductible.
Negligence and Damage Origin: If damage originates from a specific strata lot and affects other lots or common property, the owner of the originating lot may be held responsible for the repair costs.
Legal Advice: Consulting with a strata lawyer can provide clarity and ensure that responsibilities are correctly assigned according to the strata’s bylaws and relevant laws.
To summarize, according to the Strata Property Act, Strata Bylaws, and case law, when damages are below the strata insurance deductible, the standard procedure is as follows, regardless of the cause of the incident:
– The strata corporation is responsible for repairing damage to the common property.
– Individual strata lot owners are responsible for their own repairs through their homeowner’s insurance if their lot is damaged, even if the damage originates from another lot or the common property. If a homeowner has not purchased insurance, they must pay for the repairs out of pocket.
– The homeowner’s insurance premium for a strata lot should not increase if the damage results from another lot or the common property, as they are not at fault.
