Should a Strata Body or It's Insurance Pay for Flood Damage When The Pump Fails?

Lbattlebird on 22/03/2016 - 10:10

Hi,
My son rents a unit. He has a caged basement storage area which is below street level. A heavy rain downpour caused water to rush down the driveway into the basement storage/garage area. A common property pump is supposed to start up and pump the water out of the drains in the basement to prevent flooding. An electrical fault caused the motor to fail and caused the basement to flood. Some of my son's property was destroyed by the flood water sitting in the basement.

I believe that the flooding was caused by the strata bodies pump failing. Therefore the damage to my son's property should be paid for by the strata body or it's insurance. The strata body is saying it is up to the renter to have contents insurance so won't cover it.

Your thoughts and help would be appreciated.

Home & Garden

Comments

  • dasher86 on 22/03/2016 - 10:14
    +2

    Contents are usually the residents responsibility.

    Strata insurance usually only covers 'home' and not contents.

    • dasher86 on 22/03/2016 - 12:56

      let me add however it doesn't mean that the Strata was not negligent in it's actions which then caused the resident a loss.

  • CyberMurning on 22/03/2016 - 10:20

    similar things happened to me. the fire hose thingie leaks/broke and water flooded the whole floor and went into my unit, wet the carpet.
    strata didnt want to responsible at all.
    is this ok? yes its inside my unit but the cause is strata

  • QW3RTY on 22/03/2016 - 12:04

    An electrical fault caused the motor to fail and caused the basement to flood.

    If I was an owner, I'd be asking the Strata manager to produce history of ongoing maintenance and testing to the sump pump. Probably exactly what the Insurer is asking for too. One approach is that the negligence of the Strata in not maintaining and testing the sump pump has caused the lot owners a loss.

    I would then make this information known to your son's contents insurer, who will pursue the Body Corporate's insurer for the damages — and they'd fight the insurancy fight that they do.

  • Kenb0 on 22/03/2016 - 12:21
    +3

    I think the key here that you want to emphasize to strata is that you're not trying to get them to claim on their strata insurance, which like they said, doesn't cover contents. Like you mentioned, you want strata to pay for it because something they're responsible for ended up causing the damage.

    I had similar issues with my strata when an internal sewerage pipe from an apartment above me ended up cracking and flooding internal cavity behind my cupboard, and leaking sewerage under my carpets, ruining walls, etc.. Body Corp/strata agreed to pay for repairs to walls, etc, but insisted that the ruined carpets were my responsibility because strata insurance didn't cover carpets. Basically told them I didn't give a flying what strata insurance covered or didn't cover, and then asked them if strata was responsible for the internal sewerage pipe. When they said yes, they were responsible for the pipe, then I told them the regardless of what strata insurance covered, damage caused by the cracked pipe was their responsibility and they had to pay for it. They agreed to table it for the next body corp meeting, and at that meeting, they agreed to pay for it even though insurance didn't cover it.

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