# Apartment structural problem



## scaryeire (26 Jun 2013)

Hi

Sorry for jumping on this thread. I am just in a situation which I posted about a while back. Any help greatly appreciated. 

Apartment with premier guarantee flooded 4.5 years ago when it was new, developer came in (since gone bust) and fixed everything or so we thought. 

Noticed a dip in the hall floor, which has gradually got worse. Lifted floorboards and got a builder to look below found that all the wood and joists are rotting, water must have gone down and sit below floor (which we didn't know about how could we, flooring above was dry). 

So that section wooden joists and structure needs to be repaired, but the bathroom which is beside that has dipped down a quarter inch from where it used to be in line with the tiles. 

We had a loss assessor and mngt company look at this. Home insurance is out, and I'm told block insurance won't cover (which I don't understand as it emanates from outside our apartment the flat roof of the apartment above us). 

So that leaves premier guarantee (OSG) to claim with. 

Can anyone advise us is this our only option? This is causing so much stress, as we prob will have to foot the bill. I am so worried the bath will collapse or the flooring fully when we are on it, we are above another tenanted one bed apartment. 

The management company said that it was due to the original flooding 4.5 years ago, but we didn't know the water got under the floorboards the floorboards were not wet so we didn't know. The damage never emanated from inside our apartment or from anything we did. How is it not the block insurance as its from a flat roof of another apartment above us??  (Which is not inhabited)

They said the block insurance loss adjuster wouldnt go for it, I just don't get it. 

On OSG do you think we should employ the loss assessor on our side to process the claim? Thanks for your help


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## lantus (27 Jun 2013)

scaryeire said:


> Hi
> 
> Sorry for jumping on this thread. I am just in a situation which I posted about a while back. Any help greatly appreciated.
> 
> ...


 
if there was a timber floor then was the apartment below not flooded as well? The structure of the building including intermediate floors is generally the property and responsibility of the management company and so they will be responsible for its repair. If the insurance company dont pay out then the company will need to undertake this rpair itself. If you have a good sinking fund then congratulations, dip in and get the work done.

If you dont then the only money the company has is that which is paid out by its members. Which means everyone will need to pay through service fee bills including this cost.

The issue may well be time re an insurance claim, its been some time since the flooding and the insurer can reasonably claim that they are no longer responsible if a claim was made at the time. Maybe you could contact the insurer/broker direct and ask some questions. 

Apartments that are vacant (like the one above) are excempt from water damage claims if they are empty for 90 days or more generally. Surely the floors above you are dangerous as well? In any case a full investigation and survey should be done by the company to gather the fl extent of the damage to ensure whatever they do its resolved once and for all.

In any case your apartment may not be safe and on health and safety grounds you may need to move out subject to what your builder has said. I would imagine that the insurance company or company will need to provide for alternative accomodation while this goes on.

Get some good advice. If the cost to you is say a few hundred to repair then maybe just bite the bullet. If its thousands not including the above floors and below floors then push for others to do it.


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## TrebleT (27 Jun 2013)

It sounds like the block insurance should cover it I had a leak in my kitchen from the apt above me and my block insurance covered it, get some advice as management companies will try their best not to pay from the block insurance, that is why there is a fund that is added to every year for unexpected things like this.


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## uptomyeyesin (27 Jun 2013)

Apartment flooding and damage from another apartment should be covered by block insurance. The issue here could be the length of time since the original damage was done, but you have just discovered it so this claim should only start now.

The MC may just be trying to avoid anything to do with it, possibly on the advise of the block insurance provider in the hope it would go away.
I would advise securing your own loss adjuster to survey and assess the damage, they will also be familiar with the terminology in the policy  and whether you should be covered by the insurance. You are assuming that it was the flooding 4 years ago that caused the damage, but perhaps it was later than that and is only coming to light now. 

If for some reason, the insurance does not cover it at least you got independent advise RE same. In that case, I would appeal to the MC to allow you to use the sinking fund for repairs. You could raise it as an AGM item and put it to member votes, remind other owners that they could be in the same position as you.


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## lantus (27 Jun 2013)

structural elements are part of the reserved property and so the owner would not legally be allowed to affect any change or repair on this even if he had the money.

Without seeing it its hard to comment. There is no concrete floor at all? and there are apartments above and below you?


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## scaryeire (27 Jun 2013)

Hi all
Thank you so much for taking the time to respond. 

We approached the mngt company and they just said that's from the original flooding so block insurance won't cover it. I sent them an email yesterday saying this should be block insurance no response as of yet. 

What exactly should I do now:

Hire a loss assessor/ or engineer to cost the fix? Or not have this cost and just ask them?
Approach mngt company then with this information and get them to go through insurance, or if they won't or are refused, ask to use the sinking fund for this?

Should we along side this approach OSG too?


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