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Payment for damages

By Riaan Le Roux on Wed, 07 Mar 2018 at 15:07

Hi

I own a sectional title unit which I rent out. A couple of storms hit and the roof had to be fixed(waterproofed), twice. Due to this, water (Took them a couple of weeks to act on request). The ceilings are stained now and the walls water damaged. The body corporate contractor fixed the leaking roof, but the BC informed me that they are not liable for the resulting damage to the inside of the unit.

Can this be true? I am aware that I am responsible for upkeep inside, and they outside. But surely this event should be treated differently?

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RE: Payment for damages

Murray Bennett replied on Wed, 07 Mar 2018 at 16:15

If this was recent you can submit an insurance claim, you will be liable for the excess.

RE: RE: Payment for damages

Michael James replied on Wed, 07 Mar 2018 at 16:53

The space between the ceiling and the roof should be common property. If so, then the cost should be 50-50.

However, if the roof caused the damage which in turn caused damage to the ceiling, I believe it is a Body Corporate liability

RE: Payment for damages

Riaan Le Roux replied on Thu, 08 Mar 2018 at 06:29

Thanks for the replies.

This is how I understand it, but looking for some regulation/legislation to back me up. Only so far found section 23 which deals with insurance, paragraph 6B which deals with public liability.

RE: RE: Payment for damages

Anne Greening replied on Thu, 08 Mar 2018 at 07:08

Hi, Riaan, The BC is required to insure all the scheme's buildings. As Mike Addison has explained, the insurance covers the fabric of the building, including the interior surfaces, and fixtures. His example is: everything is covered, except the contents which would fall out if one turned the house upside-down. Insist that the trustees submit the claim. Even if this should fail for any reason, the BC is responsible for repairing any damage which originates from the common property. The damage to your walls arose from the ingress of water through the roof, which leaked: the roof is common property. See Section 5(5) of the Sectional Titles Act (as amended) which defines the boundaries of a section.

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