319281899608567

As a unit owner, may I claim from the body corporate’s insurance?

By September 1, 2021February 4th, 2022Administrative Management, Sectional Title Management

By Ané de Klerk

Sectional title legislation contains a couple of head scratchers and the subject matter of this article is a prime example of one. Let’s look into this question in a bit more detail:

We know that, as the owner of a section in a sectional title scheme, you are responsible for the repair and maintenance of your section. Amongst other things, this includes any pipes situated within your section that only serve that section (not the common property or any other section). So when such a pipe bursts (as they often do), the body corporate is not wrong when they communicate to you that you are responsible to fix the pipe and pay for the associated works… but is that the end of the story?

When diving deeper into sectional title legislation we find that the body corporate has a responsibility to insure “the building” and specifically to insure it against “water escape, including bursting or overflowing of water tanks, apparatus or pipes”. Therefore, while you must repair the pipe, you are able to claim the cost of doing so from the body corporate’s insurance. 

When first hearing this, the knee-jerk reaction of many a trustee has been to question it, feeling that it would be odd to allow an owner to claim the costs from the body corporate’s insurance when it is not the body corporate’s responsibility to repair or maintain that portion of the property. Could that have been the legislature’s intention? 

It must have been indeed as we find further support for this position in the Prescribed Management Rules, which stipulate that a member is responsible for any excess amount relating to damage to any part of the building which that member is responsible to repair and maintain. This rule therefore provides absolute clarity: 

  1. A member can institute a claim against the body corporate’s insurance for a part of the property which the member is responsible to maintain and repair (for example, a pipe situated within their section and serving only their section); and
  2. Should the insurer approve the claim, the excess payable needs to be paid by the member responsible to maintain and repair the area (in other words, the owner of that section). 

If the insurer does not approve the claim, the owner of the section will be responsible for the full cost of the repair and/or replacement. 

If you find that you get stuck on head scratchers like this one often, why not consider upskilling by doing a Paddocks UCT online short course aimed at empowering community scheme roleplayers with the knowledge to answer difficult questions? Contact us at courses@theadvisory.co.za to find out more.

advisory

Author advisory

More posts by advisory

Join the discussion 2 Comments

  • Hans van Wyk says:

    Who has access to BC accounts? A claim was approved by the Insurer but only the Managing Agent has access to the account although two signatories Trustees have been appointed

    Regards

    • advisory says:

      Dear Hans,

      Thank you for your comment. Our legal team will be happy to assist with this query via a private consultation.

      Kindly send an email to info@theadvisory.co.za, including the name of the scheme and any supporting documentation, and the team will provide a quote for their assistance with this matter.

      Kind regards.
      The Advisory Team

Leave a Reply

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.