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!

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  sintro on 19/07/2024 - 17:16

  How old is this building?

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  sophielouise869 on 19/07/2024 - 17:22

  +2

  I took my landlord to the Tribunal with similar issues, and ended up creating precedent with my case.

  One of the issues being a crack in the ceiling of the garage (below common property) which deposited limestone residue onto my partners car, causing $6k worth of damage.

  In our situation, the OC knew about the issue. We were renting, so our claim was against the landlord, although the OC was ultimately being held responsible. If you are a tenant, it is a nightmare to rectify with many layers of authority.

  Good luck, and please feel free to ask any questions.

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  Hangryuman on 19/07/2024 - 17:41

  absolutely the strata committee has a strict obligation to repair damage to common property without delay

  and my understanding that while basement garages are not typically required to be waterproof as they are not considered habitable/living spaces, any drip onto a car must be fixed and paid for by strata funds.

  as another said, we have installed several drip trays with diversion pipes to prevent drips causing any damage to cars. Maybe $1K or so fitted if made out of stainless steel.

  An easy demand - simply tell strata they don't need to waterproof upstairs for $X00,000 - you simply expect a drip tray and diversion drain pipe to be added without delay or you will apply to NCAT for damages for failure to maintain - that's a big problem for strata if they get called on that.

  [EDIT] just saw OP's comment 'Now the strata plumber came to install a bigger tray.'
  - OK - that sounds like that's gonna work. Remember if strata pays $100K to waterproof upstairs that's a MAJOR cost for small stratas, and if your unit is one of 100 then your share of that contribution would be $1000 anyway. By comparison your contribution for a $1000 bigger drip tray might then be only $10.

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  drfuzzy on 20/07/2024 - 12:20

  If you have a dedicated car spot then it is likely on title. That would mean the car park itself is owned by you or by the landlord. The roof may be strata owned. You can try claim against your own insurance and get them to chase the strata.

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  clover on 21/07/2024 - 00:16

  +1

  Weird. People here kept complaining about strata this strata that. Arent they part of the strata? Why dont they become part of the committee and start to fix the matter themselves instead of complaining.

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    drfuzzy on 21/07/2024 - 13:25

    people are lazy and like to complain

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