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  1. #21
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    *hugs* What a terrible week for you!

    I also would be questioning the LL insurance again as you need to have insurance to get a mortgage :/

    I really hope this gets sorted for you & that your DD recovers quickly!

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  3. #22
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    I don't think building insurance is compulsory for unmortgaged investment buildings on green title (just blo*ody stupid not to have it!) But when we lived in a strata villa in WA (owner occupier) our strata company legally had to take out building insurance, paying for it from the quarterly strata fees.

    I would do more investigating - what the real estate agent said doesn't sound right.

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  5. #23
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    As pp said the owners would have insurance - the strata rates go to paying building insurance but not necessarily landlords insurance ( idiots if they don't ) - do you have contents insurance?

    All insurances should cover water damage , especially from bath tub overflows and washing machine leaking etc as they are quite common

    If it were me and I was asked to pay I would:

    Ask to speak with the strata managing agent - get a full copy of the strata report involving all the units involved and the damage , tell them the agent said you are liable but you've had advice from the tenancy services saying you are not and that you have a right to check the reports and to confirm what insurances the building has

    Demand to have a plumber come and check the waterproofing ( if this is faulty there is no way you are liable for anything)

    Pretty much say to the agent you don't have the money to pay for it, it was a very small accident and you had no way of knowing it had caused all this damage to other units - I believe in a case like this no tribunal would make you pay anything other than insurance excess and maybe the carpet repair but get all the facts first and as pp said call the tenancy service in your state - let us know how you go!

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  7. #24
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    I wouldn't be paying anything they should have insurance. Stiff ****.

    I own a rental and I make sure I have rental insurance

  8. #25
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    I will phone my local tenant advocacy for some guidance. I called the building manager and was informed that so far no affected units have made a claim. I don't understand why the RE agent has to send me a stressful email when nothing has been determined yet. At least I feel somewhat relieved with that information.
    water dries up for everyone and no one makes a claim.

  9. #26
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    Most of those situations relate to "acts of God". Insurance companies aren't known for their generosity I guess.

  10. #27
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    The Strata Company will have insurance and depending on what the strata company owns (it's really specific - from the inside of the paint on the wall to the outside of the plaster of that same wall etc). The Strata Company has no right to come after you, they need to make the insurance claim and then the insurance company may (or may not) take legal action against you. You have no contract whatsoever with the Strata Company, except what is written into your residential lease with regards to abiding by strata conditions. You will have needed to be given a copy of the rules/obligations for this to be enforced. I'd not correspond with the Strata Agents - tell them to contact your Managing Agents, say as little as possible and document everything you hear.

    You do however have a contract with the landlord. I would not encourage contacting the landlord directly at this stage, use the Managing Agents as this is their job and they may be more sympathetic to you than the landlord. The landlord would own what is not owned by the strata company or by you (tiling, carpets, light fittings etc) and may or may not have insurance for this (in WA I believe it's compulsory however my managing agents have never checked my insurance certificates so it's a grey area depending on the agent). They may not, but that's their risk.

    You would only be responsible for paying the excess of the landlord's contents insurance if it's in your lease contract. You cannot insure what you don't own so you can't possibly insure the carpets, however you may have your own accident insurance. If you have contents insurance for your own stuff as a tenant, this may have an accidental damage of others' property clause - you will need to check that if you have this type of insurance.

    If you have no insurance at all, don't get into discussions with anyone about it, just collect information for a week or two and let the strata agent, managing agent and landlord and their respective insurance parties battle it out, there will be so much finger pointing that you don't need to be a part of it at this stage, it will just stress you out. Concentrate on your family and if they pressure you just explain that you have a daughter in hospital and you will call them (the managing agents only) next week.

    Hope this helps and best of luck.

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  12. #28
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    Perhaps tell the agents you won't do anything unless they sign a statutory declaration that the landlords don't have insurance. Do the same for the strata mob.

  13. #29
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    Thanks for all the helpful advices. I am just going to wait and see what happens. I don't have the energy to focus on thids anyway. Dd is home now and getting better so I just want to enjoy these last few days with her before school resumes. I'll keep everyone posted on the latest developments.

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  15. #30
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    Glad to hear your DD is home and getting better

    Fingers crossed the rest sorts itself out for you.


 

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