37140 — Strata Insurance Claims Process
Overview
Node 37140 addresses the process by which an owners corporation or lot owner notifies, progresses, and resolves a claim under a strata scheme’s insurance policy. Claims affecting common property or the building itself are generally managed by the owners corporation, typically through its strata manager, while claims relating to a lot owner’s individual contents or improvements are managed separately by the lot owner under their own policy.
The claims process for common property matters typically begins with formal notification to the insurer, followed by assessment of the loss, determination of any applicable excess, and coordination of approved repairs. Where a claim originates from a specific lot — for example a burst pipe within a unit affecting common property — scheme by-laws often address how any excess is allocated between the owners corporation and the responsible lot owner. Disputes over a claim decision may be pursued through internal insurer review and, where unresolved, external dispute resolution.
This node is intended for owners corporations, strata managers, lot owners, and insurers engaged in the strata insurance claims process, applying the general framework addressed in node 37100 to the claims handling context specifically.
Scope & Boundaries
This node addresses the process by which strata insurance claims are notified, progressed, and resolved. It does not address the substantive cover provided under the scheme’s building insurance, addressed in node 37110, common property and liability cover, addressed in node 37120, or lot owner insurance obligations, addressed in node 37130.
This node describes the general strata insurance claims process as at the time of writing. The specific claims procedure and excess allocation applicable to a given scheme should be confirmed against the scheme’s policy document and registered by-laws.
Key Concepts
Regulatory & Legal Framework
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Strata Schemes Management Act (state-based, for example the Strata Schemes Management Act 2015 (NSW) and equivalent legislation in other states)Relevant state strata regulatorSets procedural requirements for claims affecting common property.
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Insurance Contracts Act 1984 (Cth)Australian Securities and Investments CommissionGoverns the insurer’s claims handling obligations and timeframes.
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Australian Financial Complaints Authority schemeASIC-approved external dispute resolution bodyProvides a pathway for resolving unresolved insurance claim disputes.
Practical Application
| Scenario | Application | Outcome |
|---|---|---|
| A storm damages a strata building’s roof | The strata manager notifies the insurer and coordinates the claim on behalf of the owners corporation | The common property claim progresses through the scheme’s designated process |
| A lot owner disputes the excess allocated to them following a claim originating in their lot | The matter is addressed by reference to the scheme’s by-laws on excess allocation | Responsibility for the excess is resolved according to the scheme’s rules |
| An owners corporation disagrees with an insurer’s claim decision | The owners corporation pursues internal review and, if unresolved, external dispute resolution via the Australian Financial Complaints Authority | The dispute is progressed through the available resolution pathway |
Cross-Series References
Findings are presented on the basis of data and evidence alone.
