This article discusses duplex repairs, focusing on how shared roof maintenance issues and lack of cooperation between owners can impact insurance and compliance.
Question: What happens if one owner in a duplex refuses to repair shared roof damage? Could this affect our insurance?
I own one side of a duplex. Our roof covers both sides, and I’ve recently noticed water damage on the other side’s fascia. When I raised this with the other owner, they were dismissive, saying it looks ok and they’ll ‘get around to it later’. I’m worried this delay will cause further damage or affect our insurance.
If we don’t fix the issue quickly, could the insurer reject a future claim or even refuse to renew our policy next year because of the unrepaired defect? If the repair is not done before we renew, do we need to disclose this to the insurer?
What happens in a situation like this? If the roof is damaged and one owner won’t cooperate, can the owners corporation (which is just the two of us) still arrange repairs and recover costs?
Answer: While the legislation and insurance considerations are clear, in practice, it is always best to seek agreement with the other owner rather than escalating the issue into conflict.
Based on the information provided, it appears your duplex is likely part of a two-lot strata scheme. In such cases, the roof is generally considered common property, which means it is shared by both owners and maintained by the owners corporation (that is, both lot owners together).
Owners Corporation Responsibility for Repairs
Under section 106 of the Strata Schemes Management Act 2015 (NSW), the owners corporation is required to “properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.”
Accordingly, if the roof forms part of the common property, the owners corporation (both owners jointly) is responsible for maintaining it in a structurally sound condition. This includes any necessary repairs to prevent or address water ingress, leaks, or deterioration.
Where the issue is purely maintenance-related (for example, worn sealant, blocked gutters, or general deterioration), the owners corporation must pay for these works directly, as they form part of the maintenance obligations rather than an insurance event.
However, if the roof is damaged (for example, in a storm) or a maintenance issue has caused resultant damage (for example, water ingress damaging ceilings or walls), that consequential damage may be claimed under the insurance policy, provided it meets the policy’s terms, conditions and exclusions.
If one owner is unwilling to cooperate in arranging or paying for necessary works, the other owner may take reasonable steps to have the repair completed and seek reimbursement from the other owner in accordance with each lot’s unit entitlement. If agreement still cannot be reached, you can follow the strata disputes process as advised by NSW Fair Trading: Strata disputes.
Insurance Implications
Most strata and building insurance policies contain exclusions for non-rectification of known defects, errors, or omissions. If you are aware of an issue (such as a roof leak) and do not take reasonable steps to rectify it, the insurer may later decline a claim arising from that defect.
Insurance policies generally respond to sudden and accidental damage, not gradual deterioration or long-term water ingress. If the problem develops over time, it may not fall within the scope of cover.
Duty of Disclosure
Under the Insurance Contracts Act 1984, there is a duty of disclosure requiring you to inform your insurer of any matter you know (or could reasonably be expected to know) that might be relevant to their decision to insure you.
Technically, an unrepaired leak or known defect should be disclosed at renewal. While the insurer must prove that non-disclosure was deliberate or materially influenced their decision (a high threshold), failure to disclose could still give them grounds to reduce or deny a claim, or to refuse renewal, if the defect contributed to a later loss.
Final Comment
While the legislation and insurance considerations are clear, in practice, it is always best to seek agreement with the other owner rather than escalating the issue into conflict. A cooperative approach will usually result in a faster and more cost-effective resolution, maintaining good neighbourly relations and ensuring the property remains well protected and insurable.
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in the December 2025 edition of The NSW Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Can duplexes on a shared strata plan have separate strata insurance?
- NAT: Q&A Yearly Increases To Strata Insurance
- NSW: Owners Corporations, Common Property Repairs and Insurance – A Tricky Relationship
Visit our Strata Insurance OR NSW Strata Legislation.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Leave a Reply