Sectional title corner – when insurance excess is waived
There was an insurance claim at my unit. Why am I responsible for the insurance excess? Surely the body corporate must pay the excess as the insurance is in the name of the body corporate? – Mike
You will have to check your complex’s management rules. If they have not amended the management rules and you are working on the prescribed rules of the Sectional Titles Act, then you need to look at prescribed Management Rule 29(4) that states that the owner of a section is responsible for any excess payment in respect of his or her section payable in terms of a contract of insurance entered into by the body corporate: provided that owners may by special resolution determine that the body corporate is responsible for excess payments in respect of specified damage.
Only where the body corporate has passed such a resolution will the body corporate be liable for the excess on a claim at your unit. Only for claims on the common property will the body corporate automatically be liable for the excess (not mentioning the exceptions to the rule where an owner caused the damage).
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.