Question:
In a sectional title complex, who is responsible for the excess payment
to the insurance company for the replacement of a geyser?
My geyser was replaced without informing me. I only received an SMS message
to say I must pay an excess amount of R1600.
Shouldn't the body corporate make provision for maintenance and repairs
of geysers in the monthly levy amount? What are my rights as a sectional
owner in this case?
Answer:
In terms of prescribed management rule (PMR) 68(1)(vii) it is an owners
responsibility to repair and maintain the geyser that serves his/her section.
This includes replacement when the geyser cannot be repaired.
Additionally, in terms of PMR 29(4) the owner of a section is normally
responsible for any excess payment in respect of his/her section payable
in terms of a contract of insurance entered into by the body corporate.
Therefore you, as the owner of the section that is served by the geyser
and as the owner of the section in terms of which the insurance excess
is payable, are responsible to pay the excess of R1600.
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