Advice Needed: Strata Refusing Responsibility for Water/Limestone Damage to Car in Secured Parking Spot

Ozbarganator 2000 on 17/07/2024 - 17:03
Last edited 18/07/2024 - 09:37 by 1 other user

Hello everyone, I'm in a bit of a tricky situation and could use some advice. Here's what happened:

I have a dedicated secured car spot in my apartment building. During heavy rain, water dripped from the ceiling onto my car. The water contained limestone, which caused minor damage to my car's exterior
I reported this to the strata, but they're refusing to take responsibility or pay for repairs

I'm feeling frustrated and unsure about my options. Does anyone have experience with similar situations or know what my rights are in this case?

I'd appreciate any advice on:

Is the strata legally responsible for this kind of damage?
What steps should I take to pursue this further?
Are there any specific regulations or laws I should be aware of?
Should I consider getting a professional assessment of the damage?

Any insights or recommendations would be greatly appreciated.

Thanks in advance for your help!

Home & Garden Strata

Comments

  • Duckie2hh on 17/07/2024 - 17:04
    -3

    Does the parking area have a "park at owner's risk" sign?

    • Ozbarganator 2000 on 17/07/2024 - 17:07
      +9

      Yes, but it was in response to garages/cars being robbed.
      Also to clarify, it's a secured car space/garage that I bought together with the apartment.
      It's not optional for me to park there.

      • jellykingdom on 18/07/2024 - 13:54
        +43

        I dunno why people are negging the poor guy. The "park at owners risk" is clearly related to theft, vandalism etc, maybe minor damage from car accidents. Would you be saying "suck it up mate!" if the entire building collapsed on his car??

        • sauce2k on 18/07/2024 - 15:34
          +31

          yeh same here..sometimes OZB is full of dkheads

        • Ford Prefect on 18/07/2024 - 19:05
          +16

          And in any event, no sign of any kind overrides the law or mitigates the responsibility of a third party for any negligence.

  • Simoneee on 17/07/2024 - 17:07
    +4

    First step would be contacting your insurance

    • Ozbarganator 2000 on 17/07/2024 - 17:08

      Have contacted them. They told me that they don't normally deal with strata and the excess will be payable in advance.

      • JimmyF on 17/07/2024 - 18:39
        +1

        and the excess will be payable in advance.

        That is correct, it would be classed as a 'at fault' claim on you.

        • WhatWouldBiggieDo on 18/07/2024 - 14:24
          +6

          No it wouldn't. It would be classed as a 'not at fault' claim but the excess would be payable until such a time as the Insurance company work out whether they can recover the cost of repairs. If it turns out that the costs were unable to be recovered, it would still be a 'not at fault' claim, albeit one where an excess applies (such as flood damage, hitting an animal, vandalism, theft etc).

            • WhatWouldBiggieDo on 18/07/2024 - 15:01
              +16

              @JimmyF: As someone who worked in the insurance industry, I can assure you there is a 'not at fault' claim where the excess is still payable. What about hail, is that an 'at fault claim'?

              If you're driving along and a kangaroo jumps into the side of your car, it's not really your fault is it? I think you are assuming that paying your excess and being at fault/not at fault are not mutually exclusive, but they are.

              It's a shame you feel the need to neg people who point out your mistakes.

                • JimmyF on 19/07/2024 - 08:09
                  -7

                  @JimmyF: Based on the negs from the unwashed, I can see there will be lots of why am I at fault posts coming up for insurance. LOL

            • sauce2k on 18/07/2024 - 15:35
              +2

              @JimmyF: lmao played yourself.

        • paloverde88 on 19/07/2024 - 00:20

          meaning raise in premiums also and u cannot say you have no ' at fault' claims in the last Millenium

  • BillyStm on 17/07/2024 - 17:16
    +5

    Whilst renting i had a similar situation (albeit was reimbursed by home owner not strata after around 10 months of back and forth correspondence mind you), ended up settling an agreed amount after having it assessed for repairs.

    They did then try altering the lease agreement to state park at own risk, not liable etc but I didn't renew the lease at the time.

    G101 was the solution recommended to me by the autoshop to try to get as much off as possible myself. (it's the product they use)

    Maybe ask to review strata meeting notes to see if its a known fault in the building that hasn't been addressed/rectified.

  • altomic on 17/07/2024 - 17:23
    +1

    What make and model of car?

  • Davo1111 on 17/07/2024 - 17:45
    +2

    Nah, i dont think strata are responcible unless they were proven negligent.

    If they knew of the problem, then you might have an argument.

    Pay your excess and move on

    (tbh if your car is that susceptable to be damaged from a single water dripping event, i think there is a bigger issue)

    • Assburg on 19/07/2024 - 13:20

      Limestone is calcareous and it is known for its ability to both harden the water and increase the pH. Carbon dioxide in the air dissolves in rainwater and becomes weakly acidic.

      Calcium carbonate combines with carbon dioxide-saturated water to produce soluble calcium bicarbonate. Limestone is unique because its mineral grains can be dissolved in nature by a very mild carbonic acid.

      The weak acid forms from a mixture of water from rain and carbon dioxide from air and the soil. When sulfurous, sulfuric, and nitric acids in polluted air and rain react with the calcite in marble and limestone, the calcite dissolves.

      In exposed areas of buildings and statues, we would see roughened surfaces, removal of material, and loss of carved details. Similarly, I don't think a clear coat is going to be particularly protective.

      • Davo1111 on 19/07/2024 - 21:57

        Your cars clear coat doesn't dissolve overnight.

        • greatlamp on 20/07/2024 - 08:07

          You ever seen what hard water does to pipes? Dissolving the clear coat is irrelevant, rock has solidified on the paint.

          • Davo1111 on 20/07/2024 - 09:47

            @greatlamp: I travel to countries with very hard water. I didn't dissolve overnight

            • greatlamp on 20/07/2024 - 10:19

              @Davo1111: Also irrelevant. Not sure why you are trying to be proud of your ignorance, it's very transparent.

              • Davo1111 on 20/07/2024 - 19:23

                @greatlamp: I'm just sure how I'm so ignorant. I simply don't believe a car can be damaged overnight so quickly.

                I reckon if someone dumped baking soda on my car (ph 9). My car would not dissolve in one night.

                The rock the water travelled through isn't crushed up, so it's not going to reach the 9.9 pH level of limestone

            • Assburg on 20/07/2024 - 10:45

              @Davo1111: Are you a member of a strata committee by chance?

              • greatlamp on 20/07/2024 - 10:46

                @Assburg: What does that have to do with chemistry?

              • Davo1111 on 20/07/2024 - 19:25

                @Assburg: None. I rent.

                I understand there strata has a responsibility to fix things when they are reported. I don't believe a car can be damaged overnight.

                Imo not a hot take.

  • Drakesy on 17/07/2024 - 18:47
    +4

    Are you parked in like a cave or something?

    Also pics or it didn't happen.

    • pegaxs on 17/07/2024 - 23:04

      Pics show lime, cheers…

  • Ocker on 17/07/2024 - 18:58
    -3

    You are screwed.
    If there is a sign saying ""park at owner's risk" your complaint goes no further.

    • Ozbarganator 2000 on 17/07/2024 - 19:04
      +4

      that could work for a public parking or a visitor parking, I don't see how this could work for the area inside my own garage.

      • Ocker on 17/07/2024 - 19:15
        +1

        I guess it depends where the sign is located and how the body corp applies the caution.
        Realistically, if the sign is located in the general area of the car park then they will argue it applies to the entire car park.
        Do you really expect a sign in each and every car parking location?

        • Ozbarganator 2000 on 17/07/2024 - 19:21
          +4

          it's in a general car park area. I don't expect it to be in every parking spot. What I meant is that it's not optional for me to park there as it's my own garage and the water membrane inside the garage's ceiling is a clear responsibility of body corporate. It seems strange that they could remove their liability simply by placing a sign in a general area.

          • gromit on 18/07/2024 - 13:41

            @Ozbarganator 2000: whether you use the car park or not is entirely optional, while obviously not convenient to not use it that doesn't change the situation.

            • Mr Random on 19/07/2024 - 00:57
              +1

              @gromit: This is OPs car park, that has been paid to be used by either the rental agreement or purchase of the property. It’s a poor excuse from building management and strata to fallback on signage to cover their own negligence of up-keeping a building for which they are paid to organise.

              • gromit on 19/07/2024 - 10:42

                @Mr Random: It sounds like in this case he does have some fallback on negligence. many buildings do use such signage though to mitigate possible claims from damages, even for your own carpark that you paid for. My Mothers apartment has the same clauses, basically all care no responsibility unless you can show it was specifically their negligence.

      • MrThing on 18/07/2024 - 15:50
        +1

        It's not your own garage

        You have a right to use it and have the right to a dedicated space

    • zooter on 18/07/2024 - 20:33

      not trying to argue, but looking at getting a view on the finer points of "Park at owner's risk"….can strata simply neglect a repair that is due which could potentially cause damage and simply put up a sign that absolves them of any responsibility?

      I would guess not, otherwise nobody would fix anything and just say it's one's own risk if you step out of the house…(councils do this and seem to get away by putting signs like "stone will hit car picture" and things like that though)

    • paloverde88 on 19/07/2024 - 00:25

      not really Strata has a responsibility to ensure the building including the parking area is free of leaks, damage etc obviously the ceiling is not serviceable, if it was it shouldn't leak. If a human was standing there, instead of an octavia, would the human hair be ruined? Then it is clearly a repairable issue that was neglected. Also you bought the space so u need to check the purchase agreement, what does it say? Did this happen from day 1 or over time? over time means it is neglect or poor workmanship poor material?

    • Assburg on 19/07/2024 - 13:27

      Sounds like the sign went up after OP bought the apartment (including his carpark).

      I'd be curious how what was probably marketed as secure onsite parking can fairly relabeled as unsafe parking at own risk after the space has been purchased.

      Perhaps it's an open air carpark under a smaller block of flats but I don't see how a sign can be considered any form of agreement between op and the strata…. he isn't a customer entering a commercial parking lot.

  • morse on 17/07/2024 - 19:31
    +1

    I rented a cheap apartment years ago and on inspection saw this issue in the car spot. Dextered the walls and ceiling whilst waiting to see if owner would rectify. They did not.

    Basically we plastic wrapped (paint drop sheets from Bunnings) the walls and ceiling. It contained the lime there was also a car wash bay in the building and we regularly rinsed since coastal.

    This might be harder in a larger complex. But I think very hard to re-coup costs for damage once it’s already happened.

    • paloverde88 on 19/07/2024 - 00:27
      +2

      happened to me in a rental place too, but it happned overnight I immediately washed it and complaint and they let me park in an alternative spot and got people to fix it. It was fixed. I was only a tenant not even the owner.

      • morse on 19/07/2024 - 07:35

        That’s great you got that response - hear so many complaints about body corp and landlords. The building I was renting in did not have the best body corporate or landlord. There’s a lot of old buildings on the Gold Coast that are really due for demolishment.

        But it was only $340 a week for a 2bdr 2bath 1 garage unit 300m from the beach. The kitchen benches hadn’t been replaced since it was built in the 60s or 70s. The chipboard underneath was crumbling so we got pvc glue and painted the underside and this stopped bits of wood getting into our food. I didn’t really mind so much as the rent was so cheap and the proximity to everything.

  • bdl on 17/07/2024 - 19:42
    +1

    How long was the limestone water left on the paint?

  • MS Paint on 17/07/2024 - 19:46

    What was there first? The limestone infested concrete structure or your car?

  • ronnknee on 17/07/2024 - 20:17
    -1

    NCAT.

  • Mikefr on 17/07/2024 - 20:46
    +4

    Happened whilst in the Batcave

  • AngoraFish on 17/07/2024 - 21:14
    +11

    Man, of all the crappy threads of advice on OzBargain, this one is really up there.

  • Typical16-bitEnjoyer on 17/07/2024 - 21:44

    Same deal as parking outside during hail. Pay the insurance excess if the "minor" damage is so hideous you cannot drive the vehicle.

  • resubaehtgnolhcs on 18/07/2024 - 00:14

    Act of god

    • Nugs on 18/07/2024 - 03:17

      So it's fiction?
      .

      • jv on 18/07/2024 - 11:25
        +2

        No

        • Nugs on 18/07/2024 - 11:36
          +3

          Are you saying it was Gary Snr?
          .

          • sauce2k on 18/07/2024 - 15:36
            +1

            @Nugs: lmao it's actually in the PDS i.e. act of god

            this one is not act of god tho=.=

            • jv on 18/07/2024 - 15:45
              +1

              @sauce2k:

              this one is not act of god tho

              Who made it rain then?

              • sauce2k on 18/07/2024 - 16:02

                @jv: From insurance PDS - An act of God is an uncontrollable event, such as a tornado, flood, or tsunami, not caused or controlled by humans. Insurance companies often limit or exclude coverage for acts of God.

                The rain itself is uncontrollable but given the car is parked in a secured parking, it could have been avoided if there was no leaking or necessary fix was in place.

                if say the car was parked outside, lightning strikes tree and tree branch fell and goes through the car (I've seen one before) then it's act of god.

                • jv on 18/07/2024 - 16:07
                  +2

                  @sauce2k:

                  An act of God is an uncontrollable event, such as a tornado, flood, or tsunami, not caused or controlled by humans.

                  So climate change activists put God off the hook then…

                • zooter on 18/07/2024 - 20:35

                  @sauce2k: then is somebody falling asleep at the wheel and hitting your car also act of god? surely god made that person sleepy..I mean everything is act of god if you ask religious leaders

  • elgrande on 18/07/2024 - 07:32
    +1

    Ah yes, the drippy appartment car park. I've had this and it ruined my paint.

  • bweiss on 18/07/2024 - 07:48

    Are you an owner-occupier, or renting?

    If renting, you could try to go after the landlord for it… but it seems unlikely.

    Here's an analogy…
    You buy a carpark outside (in some 'secure lot'). There's a tree that towers over the carpark, that was in place at the time you purchased, and was advertised as not being your property, so not in your rights to have it altered or moved.
    Birds land in the tree and shit on your car.
    You can try to sue the birds if you want, or the tree owner… but it's been tried, there's a whole slew of court cases worldwide that show that councils are not responsible for the damage that their trees / consequences of their trees have on vehicles in street parking.
    I think you'd struggle to prove (in court) how this is a different situation. If you're claiming negligent maintenance of the roof, you'd need evidence of this having been reported PRIOR to the incident in question, and it would become a question of whether it would 'be reasonably practicable' for the strata to repair this issue in the balance of the situation (such as the potential damage eventuating from the defect, the cost to repair the defect, or mitigations available to others that are aware of the defect).

    If I was the strata, and you took me to court, I'd be pretty happy… you'll say that you sent emails to 'make me aware'.. I'd question why you took no action yourself to reduce the impact, like using a car cover. The judge would find in my favour, I'd claim it was a frivolous suit, and that all my legal expenses should be reasonably claimable from you… that would be in the realm of $20-40k depending on which lawyers I've engaged.

    • zooter on 18/07/2024 - 20:37
      +1

      why would you as strata be happy? Simply because you won a case? Or because you get a kickback fro the lawyers? (I assume you cannot just charge millions in legal fees and pocket the remainder?)

  • [Deactivated] on 18/07/2024 - 08:06
    +1

    Is the strata legally responsible for this kind of damage?

    Where they notified of the leaking issue previously and failed to take action, or is this the first time it has happened/you have noticed?

    What steps should I take to pursue this further?

    Ensure they are putting in place either repairs to the building or proper drainage to mitigate the leak dripping on your vehicle.

    Are there any specific regulations or laws I should be aware of?

    If this has been reported before and no action taken it is negligence on the part of the strata. If it hasn't been reported until now they areen't negligent for something they don't know about.

    Should I consider getting a professional assessment of the damage?

    No harm in finding out if it's just paint correction needed or full panel resprays.

    Any insights or recommendations would be greatly appreciated.

    I had similar problems with my strata. Leaking garden drain leaking onto my car, rectified with a hanging drip tray and downpipe to the side of the spot. Also leaking through the garden bed in my 2nd spot, through the concrete,, which was also rectified by a hanging drip tray (no downsput on this one as it was 5 or so drops an hour, but still stained the paintwork).
    I've also had a lamp shade fall from ~4m and scratch my roof and bonnet, this happened about 1 month after all the fluro tubes were replaced by the strata sparky. I took photos and made a claim against strata,they declined and said they didn't know the over was loose and that I should've told them. Even after I argued I dont go around with my neck at 45° upward al the time so it was nigh on impossible for me to notice until i found 2 steel end plates and a 1m plastic cover littered around my car.

    In short, insurance are cnuts and good luck.

    • Ozbarganator 2000 on 18/07/2024 - 10:20
      +2

      Thank you for your reply! This is exactly what is happening to me. I also have a garden bed on top of my garage.

      I've noticed this problem years ago when I bought the apartment. They told me that the membrane has failed and it's too expensive to fix it so they installed a tray and a drain pipe instead.

      During the last heavy rainfall that installation has failed and this time the water drip has damaged my car.
      Now the strata plumber came to install a bigger tray.

      Does anyone have any advice how to get strata to fix the membrane to eliminate this issue in the future?

      • [Deactivated] on 18/07/2024 - 11:35
        +9

        Funny you say that, my block is now calling a special levy to replace the membrane at a cost of $100 000.00.

        I would make a claim on the strata insurance since they knew about the issue and their 'repair/rectification' failed. They knew about it and didn't take appropriate action, sounds like a negligent or neglectful action that caused loss/damage to me. Speak to your comprehensive insurer and see what they have to say or can help you with.

        • Ozbarganator 2000 on 18/07/2024 - 18:42

          Have contacted my car comprehensive insurance. They told me that they don't normally deal with strata and the excess will be payable in advance.
          I was able to fix the paintwork by using Meguiar's Ultimate Compound. It took me around 2 hours.
          I've tried white vinegar first but it didn't work at all.

          • yokel on 18/07/2024 - 21:33
            +1

            @Ozbarganator 2000: So really not much worse than baked on bird poo or super stubborn bugs.

          • thanatos350 on 18/07/2024 - 23:18

            @Ozbarganator 2000: I'm glad you found yourself a happy ending.

            In future I'd suggest car related Reddit subs as you'd likely get better advice.

      • airtime on 18/07/2024 - 18:48
        +1

        If you had included this info in your OP, you would have received better quality advice at the beginning. Not mentioning strata knew of the fault and had attempted a work-around is a pretty big oversight considering the advice you are seeking.

  • jv on 18/07/2024 - 11:21
    -3

    I reported this to the strata, but they're refusing to take responsibility or pay for repairs

    Maybe because they aren't to blame…

  • Baysew on 18/07/2024 - 12:18

    What was the cost of the damage to your car?

  • jonkvh on 18/07/2024 - 12:49

    If they already knew about the problem, just attend the Body Corporate meetings in person, and let them all know. That's how it's done.

  • neil on 18/07/2024 - 13:04
    +13

    As part of an OC committee, with a car park that had leaking water & limestone that damaged a car, the OC is responsible if the leaks emanate from a common property. We have paid for a car repair.

    I'd just send them a letter stating if they don't pay you will seek legal remedy and include an estimate of how much it will cost to repair car if you haven't already. Engaging legal advice can cost $1000s for an OC so its mostly easier to just settle these things. Starting a case at NCAT/VCAT costs little for a consumer

    I've noticed this problem years ago when I bought the apartment. They told me that the membrane has failed and it's too expensive to fix it so they installed a tray and a drain pipe instead.

    Similar situation but we eventually got it fixed.

    • Ozbarganator 2000 on 18/07/2024 - 18:38
      +3

      Thank you very much for your advice!

      • Ford Prefect on 18/07/2024 - 19:17
        +3

        @Ozbarganator 2000

        Wife is a strata manager, and agrees with the above advice. OC is responsible.

  • Zephyrus on 18/07/2024 - 13:18

    If you want me to google this for you

    https://tlfc.com.au/common-property-defects-and-water-issues…

  • MITM on 18/07/2024 - 14:00

    I've noticed this problem years ago when I bought the apartment.

    This is what happens with leaking into basement

  • jebbyc on 18/07/2024 - 14:45

    I've had this happen to me and the hotel I was parked in didn't seem too keen to get it fixed.

    Luckily I was able to use dilute vinegar to get the lime scale off with no damage so no harm no foul in the end. Good luck!

    • Ozbarganator 2000 on 18/07/2024 - 18:44

      I was able to fix the paintwork by using Meguiar's Ultimate Compound. It took me around 2 hours.
      I've tried white vinegar first but it didn't work at all. I've polished it with the compound and then applied wax as well.

  • Seraphin7 on 18/07/2024 - 14:55

    Strata are known for simply knocking back any claim that is made against them. Prepare yourself for A LOT of back and forth on this one if you want them to cough up.

    • zooter on 18/07/2024 - 20:40
      +2

      Strata are known for knocking back ANY work and will happily take your money

  • MinimalistWallets on 18/07/2024 - 19:18

    Generally the OC is not responsible for damage caused to lot owners / residents property unless it can be shown they were negligent or the damage is a result of effecting a repair.

  • Miami Mall Alien on 18/07/2024 - 22:48
    +1

    This is a fairly common defect in new apartment buildings, I've heard of a quite few cases myself from my years in the AEC industry.

    Fundamentally, it's one of hundreds if not thousands of defects that are typically never identified/rectified during the defects liability phase of a project due to the buck-passing and stalling-until-liability-expires game that goes on after practical completion/handover between architects, engineers, developers and clients. I'd argue that responsibility for this rests solely on everyone involved in the apartment building's history before you took possession of your property. I'd argue from that perspective and try to find some similar cases to bolster your argument that it's a common occurrence that a strata company should be reasonably expected to foresee and rectify. It's certainly not some freak act of God that happens once in 30 years or something to that effect, which couldn't possibly have been foreseen.

  • apple2016 on 19/07/2024 - 12:02

    I reported this to the strata, but they're refusing to take responsibility or pay for repairs

    Send them a letter of demand. Next step would be to take them to court!

  • Ciderfizz44 on 19/07/2024 - 13:19

    Grabs popcorn 🍿 🪩

  • SlickMick on 19/07/2024 - 15:06

    Is the roof above your car owned by strata (or by a unit owner above)? One of the 2 are liable, and need to get it fixed and compensate for damage caused.
    Of course, you own 1/x of strata. You need to attend meetings and get on committee if things aren't going your way. A letter of demand from a solicitor might help if other owners are trying to avoid thier responsibilities.

  • FlyingMiffy on 19/07/2024 - 16:50

    Raise an insurance claim. Private carparks (and that includes shopping centres and inside strata buildings) is more complex than your normal road traffic accidents.

    • FlyingMiffy on 19/07/2024 - 16:51

      But be aware that strata should be covered by public liability insurance.

  • YodaBaby on 19/07/2024 - 17:00

    Let's say you resolve this issue, will you still park at the same spot? If yes, maybe consider buying a car protective cover to avoid repeat.

Login or Join to leave a comment
Login Join