Monday, 16th September 2019

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vickimann
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Last seen: 6 years 30 weeks ago
Joined: 18/02/2013

I have a unit in QLD (ground floor) which has a pool and court yard. When purchasing we were advised of the Exclusive Use By-Law attached to the property. Our understanding was that we were to 'maintain and keep all areas in good repair' which we have done. Recently construction works occurred next door and we were concerned about potential structural issues with the pool and attempted to 'insure' the pool. However, we were advised that we did not own the pool or the land, therefore, we could not insure it.

My concern is that there is no definition in the Bylaw regarding what 'repair and maintenance' means and if a structural problem (or similar) occurs in the future, we cannot insure against. I spoke to the Managing Agent and asked if the Body Corporate insurance covered the pool, they stated it did not. I then thought that if I cannot insure the pool against structural defect, then maybe the risk was too great and we would fill the pool in and increase the size of the courtyard. We have been advised that we cannot do this as the structure is owned by the Body Corporate?

I need some clarification as to what I can do...If I don't own the pool/land, then I cannot insure it independently and if the Body Corporate won't insure it, I could be at extreme risk?

Could you provide any advice?
Many thanks

kiwipaul
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Last seen: 9 weeks 22 hours ago
Joined: 06/07/2011

Providing the Exclusive use bylaw has been properly registered with the gov the courtyard and pool are yours to do with as you please. I assume the pool was originally part of the common property and was transferred to your lot via the Exclusive use bylaw.
As for insurance it will be covered by the Strata insurance just like the building is and assuming it's covered by the standard module the act states:

(1) The body corporate must insure, for full replacement value—
(a) the common property; and
(b) the body corporate assets.

If the pool wasn't their when the Exclusive use bylaw was passed providing it was approved by the BC it should have been added to the policy by the BC Manager when it was built.