Property Damage Is the Missing Conversation in Victoria's Property Reforms
Victoria is focused on apartments, strata living, planning reform and Owners Corporation laws.
The Government has announced changes following its review of the Owners Corporations Act 2006, while broader planning reforms continue to encourage higher density development across Melbourne.
More Victorians than ever now live in apartments, townhouses and other strata-managed properties.
Yet there is a question that needs to be asked:
Who pays when the property is damaged or defective?
Owners are stunned at the absence of insurance to cover these issues.
Every week I speak with property owners facing water ingress, building movement, tree root damage, stormwater issues, construction defects, land subsidence, retaining wall failures and neighbour related damage…
OH! And leaking, failed waterproofing and balcony problems.
Many assume that insurance will simply solve the problem. It often does not or is too complicated without advice to navigate.
The reality is that significant property damage claims frequently involve a combination of insurance law, nuisance, negligence, building and construction law, owners corporation issues and recovery actions against those responsible.
Finding the cause of the damage is only the beginning.
The real challenge is identifying who is legally responsible and, more importantly, how to not only recover the cost of repairs but get the owner (OC or other lot owner) to undertake the repairs.
My practice at Brockhill & Usherwood Lawyers is focused on helping property owners, homeowners, landlords, businesses and owners corporations investigate property damage, establish legal responsibility and recover losses.
When property is damaged or defective the first question you may ask is:
“What happened?”
The answer can vary depend on who you ask and independent investigation of cause is absolutely critical.
Talk to the experts in property damage legal investigation. Because the question is never only what happened, but the subsequent key question is:
“Who is going to pay for it?”
Navigating that interface between investigation, cause, who is insured and whether it’s recoverable is our specialty.
We will continue advocating for better protections and better funding. And here is a nudge for government, a closer look needs to be had on the insurance and funding arrangements and dispute resolution for owners corporations and lot owners with strata property damage.
If you find yourself in this situation, reach out. We have a specialised initial consultation where you meet with a specialist senior lawyer for just $350 plus GST.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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