Whos responsible for winter damage in ST property?

Severe winter weather conditions, including flash floods, rain, wind, hail and snow, can cause havoc to property, often resulting in damage amounting to hundreds of thousands of rands.

Smit says it is important to know who is responsible for repairs and maintenance to sectional title property in the event of weather damage - the body corporate or the property owners.

This is according to Carl Smit, managing director of Sandak-Lewin Property Trust, who says in March 2014, South Africa experienced a 402% year-on-year increase in insurance claims due to storm-related damage to property, as well as R2 billion in claims as a result of a single hail storm.

Smit says while the South African Weather Service can usually predict a large storm about two days before it hits, this is not often enough time to prepare, and as such, property owners and body corporates should take various measures to minimise the damage to property which can be caused by bad weather conditions.

He says such measures can include ensuring that insurance cover and risk management policies are in place. It is important to know who is responsible for repairs and maintenance to sectional title property in the event of weather damage - the body corporate or the property owners.

“Damage to property caused by the weather can cause major disputes between homeowners and body corporates,” says Smith.

“It is therefore pertinent that the boundaries of owner property and common property are defined, as this will ascertain who is responsible for repairs in the event of weather damage where insurance does not pay out, as well as for ongoing maintenance.”

For example, he says if the damaged area falls part of the common property, the body corporate will be responsible for repairs and on-going maintenance of the building.

Smit says the responsibility will usually depend on whether the sectional title property is a freestanding unit or a block of flats or townhouse.

Usually, if the unit is freestanding, it is the owner’s responsibility to maintain and repair the property that is not identified as common property.

If the unit is part of a block of flats or townhouse, it will probably be the responsibility of the body corporate.

Depending on the contract agreed upon, Smit says facets such as windows and doors which belong to the unit and are not declared as common property upfront, will be the owner’s responsibility.

He says body corporates and property owners can claim from insurance for unforeseeable events such as fires, lightning strikes, explosions, wind, hail, storms, snow, floods or sudden water damage.

Claims can also be submitted for water leakage due to heavy rains or water ingress through windows or the ceiling, floors or carpets and in some cases even electrical fittings.

“Weather damages cannot be claimed in relation to wear and tear and lack of maintenance, as the damage will not have been caused by an unforeseen event.”

He says these can include damages caused by water penetration due to lack of waterproofing, rain damage and damage to the property owner’s contents because of a storm, fire, and so on. These costs would then fall part of the owner’s account.

”Regular maintenance should include routine checks for leakages, gutter and roof repairs prior to the start of the rainy season each year,” says Smit.

“Preventative maintenance tasks may include cutting away tree branches from the property and electrical areas, hiring a professional to check the roof for previous water damage or loose tiles, as well as confirming that doors and windows are properly fitted and waterproofed.”