NSW Strata claim for damaged floorboards in apartment

funnysht on 25/06/2019 - 16:55
Last edited 25/06/2019 - 17:07

Hi everyone,
My strata insurance got back to me for a tenant property where the tenant had to move out (after rain/hail leak through ceiling causing wooden floor boards about 7 to warp).
They are going to fix the ceiling/roof damage but due to the wooden floor boards being just glued onto concrete and thus against strata by laws they will not be able to repair the damage but will offer a $4000 cash settlement. I likely will accept this offer.

However interestingly strata insurance initially said they'll cover rent loss from time of incident through to repairs and until the apartment is re-let. However now given this repair of the timber floors will be done by a third party they said they may not cover till the apartment is re let. Furthermore they said I should replace the whole apartment floor not just he damaged floor boards.

Wondering what my choices would be?
1) accept the cash settlement and fix it myself (just the damaged floorboards)but ask that they paid till the apartment is relet
2) refuse to accept and ask they fix everything
3) accept the cash settlement from strata insurance and inform EBM to cover the damage to the floor boards (however would they say the same thing)?

What I found on the net:
The NSW strata law changes of late 2016 decreed that laying a timber floor was a “minor’ renovation, meaning you only needed the strata committee’s permission (rather than a by-law). However, permission could not be unreasonably refused but the owners corporation (body corporate) could set reasonable conditions. (Note the timber floors were laid down by prior owners do I do not know if they got permission etc)

1) So if i choose to just repair the damage floorboards only- would strata owners corp put up a big fuss or should i get permission from strata corp?
2) One of my mates is an handyman- he said he'll be able to replace the few floor warped boards- does work such as this need a licenced builder?

In the meantime the strata insurer claims person will let me know tomorrow if the rent is covered after the timber floorboards are repaired.
Thanks,

Home & Garden

Comments

  • elgrande on 25/06/2019 - 17:24
    +1

    Anyone can replace floating floorboards.. the issue may be matching them..

    Also, the boards typicaly rely on a toungue and groove mechanism, as such you might have issues trying to replace just a few given the others are glued down.

    • funnysht on 25/06/2019 - 17:48

      they're actually not floating- just glued onto the concrete- or is that the same thing? question is do i need to tell strata and get permission given it's just a repair

      • [Deactivated] on 25/06/2019 - 18:30

        Could have ply sheeting under our's do or even battons, sure they are glued direct to concrete?

        • funnysht on 25/06/2019 - 18:47

          im sure they're glued, i removed one and it was just glued directly to the concrete ..

  • Seraphin7 on 25/06/2019 - 17:53
    +1

    In my experience, your best bet in dealing with insurers is always to take the cash settlement and then fix how you see fit and using your own people.

    Now, whether or not that means in this instance you should accept a settlement based on partial damage or push for full reinstallation of the total floor is a separate matter. On balance it will come down to what is fair. I would be pushing the position on loss of rent, although you might need to accept this will be a fixed amount (say, 4 weeks) rather than an open ended figure/timeframe.

    All else being equal, the strata has no ability to force you to do a patch repair vs. full replacement assuming both yield the same outcome (e.g. proper under floor noise dampening). The flooring is your property (not the strata's) and you choose how to address the problem.

    • funnysht on 25/06/2019 - 18:00

      thanks, i never had a complaint from downstairs due to noise. Strata insurance initially said they'll cover the rent loss for the repairs till a new tenant is found, but now because i may have to do the timber repairs separately they said they may now just cover the rent loss for their repairs only (thus not the time spent looking for a tenant)

  • funnysht on 25/06/2019 - 19:22

    out of curiosity does someone need a license to carry out timber floorboard replacements on cooncrete?

    https://www.licensedtrades.com.au/licensed/timber-floors

    state you do, but then nsw trading states:
    From 16 September 2009, non-structural flooring work is no longer regulated under the Home Building Act in NSW which means that it’s no longer licensed separately by NSW Fair Trading

  • HardQuiz on 25/06/2019 - 19:47
    +1

    How old is the building?

    • funnysht on 25/06/2019 - 20:11
      +1

      think was built in 1998

      also i found out why there waas a massive leak. The yobbo strata idiots waited to long to repair "damaged fascia" which allowed birds to enter the roof cavity. The yobbos didnt bloody realise that water can also enter- so the recent few hail /rain storms finished off the damage. Lol

      This was written in the strata minutes.

      • elgrande on 26/06/2019 - 05:13
        +1

        They used the term yobbos in the strata minutes..?

        • funnysht on 26/06/2019 - 10:27

          that's my addition
          edit: this is south west sydney

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