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damages claim against Body Corporate

By susanna clark on Wed, 24 Apr 2019 at 19:03

There has been ongoing roof leakages that was reported to trustees a year ago when the ceiling in my upstairs room started yellowing and cornices pulled away from wall when water was dripping down the wall. The complaint was ignored. With first rains in 2018 the ceiling started dripping. I again reported the matter to trustees and MA and I stated that they need to get an Insurance assessor out to assess the damage. This was ignored. Then with next rains, part of the ceiling collapsed, water pouring inside cupboards, walls and then from hole in ceiling onto my bed and carpets. This was only discovered by me a week later as I was away on holiday. I again lodged complaint when a month later, a contractor arrived at my door to say that 'he has already been paid to do repairs my damaged ceiling' - that as yet had not been assessed or inspected by trustees or insurance. I told him that I have not received notice of such and that no assessment of actual damage has been made.
8 months since I first lodged complaint, the insurance assessor came to inspect. A week later, on contacting the Insurance co. I was told that the claim had been repudiated as result of lack of maintenance and lateness of submitting claim.I received no notice in this regard from the trustees who have continued to ignore the whole issue.
At AGM beginning of Dec.2018 - when I broached the repudiation of insurance claim - when I was told that the outside roof had been patched. On asking who was to be held liable for damages I suffered - I was told by MA that BC is liable for repairs and costs of damages I suffered.However, no further attempt was made by BC trustees to attend to any of the repairs.
In January 2019, I got quotes to repair ceilings, replace water damaged carpets, and replacement of linen and curtains damaged as result of water damage that I submitted quotes and claims to trustees to be paid as I do not have the funds to lay out from my pocket. The claim has been ignored.
My attorney issued summons against BC for payment of claim.I then got defence notice from MA on behalf of Body Corporate (of which I'm a member) against summons.
Who makes or takes decision to defend such an action brought against the Body Corporate? ( when owners have not been consulted on the matter)
When having admitted at AGM that damages are for cost of BC - to now after claim was submitted, to just ignore?
What is to be done as I'm still living with damaged ceiling, walls, smelly carpets and feather damaged duvet and pillows.
Please advise.

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RE: damages claim against Body Corporate

susanna clark replied on Fri, 03 May 2019 at 22:32

Advise Please!!!!!!

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