Repair Damaged Ceiling Onus on Body Corporate or Owner

By Donovan Schreuder on Mon, 16 Aug 2010 at 14:57
Hi.
My wife and I have been living overseas and returned to SA in July 2010.
My wife owns a flat and there was damage to the roof in December 2009. A special levy was paid in respect of the repairs needed to the roof. On returning we inspected the flat and noted there was water damage to the ceiling, which was caused as a result of the damage to the roof. We spoke to the chairlady of the BC, whose unit is adjacent to ours and she stated that she and our neighbour had had the repairs covered by the BC's insurance policy and that we needed to get a quote and submit it to the BC. We actioned this and upon submitting this the BC has stated that we need to pay in full for the repairs as they have now changed insurers and the tenant should have made them aware of the need for repair.

Now, I do not believe that it is fair for the two units on either side of ours (who are owned by members of the BC) to be repaired and for ours not to be. The tenant is a young African lady and would not have been aware of what to do, the BC was in full knowledge that we were not located in SA and never mentioned any issues in other correspondence with us regarding damage to any units in respect of the damaged roof.

Am I mistaken? I would appreciate any advice in this respect.

Replies

Mike Addison replied on Tue, 17 Aug 2010 at 08:02

Hi Donavan
It would seem that the insurer at the time agreed to pay for resulting damage (will have to have been sudden damage/one event). Since the roof damage is being paid by way of special levy, it can be assumed that the roof needed maintenance repair ie lack of maintenance was probably the actual cause of the damage.
It is reasonable that the insurer cannot be expected to pick up a tab months down the line, no matter who the insurer is, old or new. I feel that the owner should take responsibility for damage ie any damage for an insurance claim (usually a condition of the policy) must be reported within 30 days and if tenanted, I feel that the owner or his/her agent should regularly inspect the premises or alternatively, hold their tenant responsible.
If there was damage, and reported immediately, and the insurer would not pay for reasons of say it being maintenance related, then you would look to the body corporate to reimburse you if your loss is result of the bcorps negligence in not keeping the roof in a good state of repair. (Also debatable - lets leave that argument for the legal experts).
In your case, I think 8 months after the event might be pushing it ie can you reasobaly expect the bcorp to come to the party when the damage was not reported within a reasobale time? My view is that 30 days or so is a reasonable time, especially if tenanted.
This is purely my opinion and not directly an insurance question, however, this sort of scenario is so common - we deal with these matters / debates almost daily.
Mike Addison

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