Introduction
It feels like recently I have been seeing stormy weather (strong winds, heavy rain, hail and even snow) and natural disasters wreak havoc and cause expensive damages to personal property. What can bodies corporate do the mitigate against possible damage from excessive rain and wind?
What is common property?
Common property includes the land and all the outer portions (outer part from median line of the floors, walls and ceilings) of the building including the basement and foundations; the attic and roof; passages; stairwells and elevators; communal utility rooms such as foyers, storerooms and laundromats; gardens, patios and balconies; recreational amenities such as club houses, tennis courts and swimming pools; scheme boundary walls; entrance gates and driveways; parking bays and garages that are not shown as sections on the sectional plan.
Maintenance of common property
Section 3(1)(l) of the STSM Act requires that the body corporate must maintain all the common property and to keep it in a state of good and serviceable repair.
The Act does not distinguish between structural and non-structural maintenance and repair responsibilities. Therefore, any parts of a building that are structural in nature must be maintained by the body corporate or unit owner in a structurally sound condition depending on whether those parts of the building are common property or part of a section.
The body corporate should take steps to ensure all parts of the common property that maintain the watertight nature of the building should be continuously maintained such that heavy rains will not affect the interior parts of the building. The doors, windows, roof, gutters and drains should be maintained in a state of good and serviceable repair.
Insurance
The body corporate insurance will cover damage to the building caused suddenly, unforeseeably and directly by wind, hail, storm, snow, lightning and sudden water damage from a flood.
Damage or losses caused over a period of time by wear and tear would ordinarily not be covered. If rising damp is caused by a failure or defect in the common property then the body corporate will be responsible for the cost related to repairing that consequential damage. Therefore, damage or loss caused as a result of water penetration over time by failing waterproofing; water damage occurring “whenever it rains” due to leaking balconies from the flat above; rain damage when a windowsill is not waterproofed properly; and resultant damp will seldom be covered by body corporate insurance.
Conclusion
It is therefore so important that the body corporate be ever mindful that certain areas of the building will need to be checked regularly for wear and tear that could result in water damage after heavy rains. These areas should include the roof; windows; doors, and balconies. Furthermore, the drains and gutters should be cleared of any leaves or other debris that could cause blockages and result in water damage.
WRITTEN BY DR CARRYN MELISSA DURHAM
If you do not have insurance feel free to contact Mike Addison from www.addsure.co.za.
