This article is about whether a Qld strata owner bears the responsibility for flexi hoses and their replacement.
Question: In QLD, is the strata owner responsible for lot plumbing maintenance for items like flexi-hoses, and what can the committee do to encourage it?
To ensure we are proactively preventing water damage in our building, who is accountable for the routine inspection and upkeep of plumbing components like taps and flexi-hoses within each lot? What further action could the committee consider?
In Qld, does the strata owner bear responsibility for flexi hoses and who is responsible for the insurance claim? If it results in water damage to common areas, would that be covered by our strata insurance? Given that inadequate maintenance by some owners can contribute to such failures, how can we ensure that responsible owners are not unfairly burdened with financial consequences?
Can we submit a motion to the AGM stating that the unit responsible for the lack of maintenance contributes to part or all of the excess?
Answer: If there is a claim, it’s hard for people to say they shouldn’t pay the excess if they haven’t reduced the risk.
In Qld, plumbing items like taps and flexi-hoses within the boundaries of a lot are almost always the strata owner’s responsibility. For confirmation, you should refer to the specific responsibility rules for your module or perhaps the by-laws, but it would be unusual if this wasn’t the case.
If plumbing failed and caused damage to personal property in the lot, owners must make a claim through their contents insurer. The owner is entitled to make a claim against the body corporate insurance if the building or the fixtures are damaged. Sometimes schemes debate whether owners can make these claims, but the owners have paid into the body corporate insurance, so they are entitled to access it if applicable. However, the owner is likely liable to pay the excess if the claim affects only one lot or the body corporate determines that the owner pays the excess, which may be the case if the cause was due to lack of maintenance by the lot owner.
In recent years we have seen excesses for water damage commonly rise to $5,000, $10,000 or higher. Owners who do not keep their plumbing up to date are finding themselves responsible for rectifying their unit if the repair works are below the excess or having to pay the high pay the excess if repair costs exceed it. It’s a risk many owners aren’t aware of and, given the cost, can cause a lot of stress if they only find out when making a claim.
I’m not sure you need to pass motions on this. The matter is already legislated and what would happen if owners rejected a proposal? However, I think it is a good idea to send a communication to owners outlining the excess and the responsibility. You can advise them that they should have their pipes, hot water tanks, taps, etc., checked by a licensed plumber regularly. Point out the risks they face from paying the excess costs if they don’t. Your insurer or broker should be able to provide some information about preventing water claims. It makes sense to send out this communication after a new policy has been agreed upon, along with a copy of the certificate of currency, but if you are mid year in your policy, now is as good a time as any.
Advising people of the risk doesn’t mean every owner will check their plumbing systems, but it provides the body corporate with good coverage to show that it has advised owners clearly of the risks and their role in mitigating them. If there is a claim, it’s hard for people to say they shouldn’t pay the excess if they haven’t reduced the risk. Equally, if an owner engaged a plumber and still suffered a leak, it might reinforce their case that they shouldn’t pay an excess.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in the April 2025 edition of The QLD Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- QLD: Community Management Statement (CMS) – What is it?
- QLD: Termites and pest control
- QLD: Utility Infrastructure
Visit Maintenance and Common Property OR Strata Legislation QLD.
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