What are my legal responsibilities now I own a Duplex which only connects me with a common wall but the Strata Insurance is combined. Other than that it is torrence title

My reason for contacting U is because I don’t know :woman_shrugging: (STRATA) responsibilities) when it comes to damage to the property.

Cgu refused an assessor to attend on site.

The employed a company called Crawford’s who contacted a builder from White Wolf to attend.

He looked at the damage & eventually wrote a scope of works.

Then Crawford’s organised a 2nd building company approximately 3 weeks later for another quotation.

During this period of time I communicated with both Cgu & Crawford’s requesting/insisting on a formal written report by an assessor.

I was informed approximately month in from the 26/02/21 that Crawford’s was a laptop assessor only.

My concerns are that being Strata related, by strata law I may need to have a formal report via a professional assessor for future reference incase something may present again that could be contacted to this incident.

Do I need to forward any reports to the owner of the Duplex next door.

Happy to pay you for your time.

Kind Regards,
Ruth

Hi @Ruthy, welcome to the community.

Unfortunately the questions are asking are possibly legal in nature and outside the scope of the forum.

It is suggested that you seek advice from a suitability qualified professional or body corporate manager (if it applies) to determine your responsibilities and obligations.

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Thank you for your reply. I will make an appointment with the solicitor who did the paperwork when I purchased it.
Unfortunately I was only in for 6 weeks & still titerally moving things in & organising myself when this happened.

The owner is not contactable next door who lives in India & as far as I am aware no one has kept records of anything.

I will need to put in writing a formal complaint requesting an assessor to make a report on my property.

Shame it has to come to this, Insurance companies cutting corners & myself being out of pocket for legal advice.

Thanks again

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We do have links to free Community Legal advice centres which may help you out before you have to pay out on advice.

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The challenge is with comon property and private property, it becomes complex in relation to insurances and which insurers has responsibility in relation to claim (insurer for common property or private property which could be different).

Good luck and you are more than welcome to keep fellow members updated with how you get on.

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Depending on which state the property is in, the conveyance solicitor may have provided details pertaining to the strata title arrangements for the property. Hopefully you have a full copy to refer to.

The arrangements for a duplex vary by state and between different properties within some states. As @grahroll and @phb are suggesting it is an area that requires professional advice. This also requires full knowledge of all the details pertaining to your property, the damage, agreements re insurance and the policy now in place.

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General info on Strata ownership.

Each State Govt and Territory provides some guidance on line and to related support services for owners as well as tenants.
EG NSW https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes

There is at least one national organisation that includes Strata Managers in it’s base as well as including membership representing owners. Possibly conflicted in objectives?

There are also a range of organisations/associations on a state by state basis. Value not determined. FYI.
EG
NSW had at least two.

  1. https://poansw.com.au/information/strata-title/
  2. https://www.strata.community/

There are numerous resources, free and paid for. The bigger picture is that there is no national consistency.

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