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cracked floor tiles
i have a gound floor flat.cracks have developed in the tiles in the floor of my lounge area due to movement in the foudations.as the foundations are not part of my section and form part of the common property should the cost of repairing the tiles not be a body corporate expense or an insurance claim by the body corprate
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RE: cracked floor tiles
You should check the Combined Insurance Policy to see if you are covered for floor cracks due to foundation movement. If not you as the owner would be responsible for the replacement of the cracked tiles as these are within your section.
RE: RE: cracked floor tiles
O K, John, let's suppose there is no insurance cover. Also, suppose that tiles were properly placed and cemented.
My unit has the same problem 2 years down the line since having taken occupation.
What is not clear from your answer is, where the cracks arise from foundation movement and/or from the concrete slab cracks underneath the covering tiles, who has to repair the undertile defects?
RE: cracked floor tiles
john my point is that it is a problem with the foundation outside of my section which has caused the tiles to crack. as it is a problem with the common property which is has resulted in my tiles to crack should the body corporate not be responsible for the cost.
RE: RE: cracked floor tiles
A Section consists of the space enclosed by the boundary walls, ceiling and floors of the Section as well as such walls, ceilings and floors up to the median centre line thereof. Therefore considering the floors, your section extends past the tiles and into the foundations to the median line and then only becomes common property that is then the responsibility of the Body Corporate.
In my view it would be very difficult to prove that the foundation movement as you have described it, was not part of your section that caused your tiles to crack.
RE: cracked floor tiles
I my view the following principles (most of which have been mentioned in the discussion) are applicable to this situation:
1. Owners must maintain and repair their sections;
2. The body corporate must maintain and repair the common property;
3. If a defect in the common property (such as subsidence) can be proved to be the direct cause of the cracks in the floor tiles in the section, the owner will be entitled to recover the costs of repairs from the body corporate....Show More
From the insurance perspective I expect Mike Addison to give input, but my approach is that if the primary materials failure (e.g. subsidence) is covered in the policy the body corporate should be able to claim for the costs of fixing the foundation and the consequent damage to the floor tiles in the section. And in most cases it is most cost-effective to have one contractor employed by the body corporate do all the repairs, with the owner supervising works to protect his/her interests.
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RE: RE: cracked floor tiles
Thank you.
A further comment: one finds that (some) insurers exclude certain risks exactly what you refer to above, from their policy.
Now, the STA requires varied insurances - is it for the BC to shop until it finds a product supporting its requirements, or is it for the insurance market to comply with the Act when they offer a product.
RE: cracked floor tiles
hi graham
thanks for your input
RE: RE: cracked floor tiles
Subsidence and landslip is not ordinarily included and when included usually very limited and subject to fairly high excesses. Movement over time is also not usually an insured peril and the popping / cracking of tiles neither unless as a result of fire, storm etc per policy as insured events. Rule 29 (1) (a) sets out what cover should be there which makes no mention of subsidence and landslip, movement over time nor cracking of tiles hence I am of the opinion that such cover is only sought should the trustees decide that such would be required (rule 29.(1)(a)(x))or if directed by the owners by way of a special res (rule 29.3)
Only the policies offered by the underwriting managers specialising in sectional title offer wording that closely matches requiremnts ito rule 29. The standard old commercial policy wording (buildings combined) often exclude some important areas unless the broker has arranged for clause inclusions and extensions.
Mike Addison
ADDSURE
RE: RE: RE: cracked floor tiles
Mike Addison
ADDSURE
FSP 15269
RE: RE: RE: cracked floor tiles
Thank you.
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