DM
Devan M

1 reviews | Active since May 2022

09 May 2022, 11:24

Resultant damages caused by burst geyser

Disappointed with the outcome of resultant damages to my unit, caused by a burst geyser of another unit in Samoa complex in Horison view. Property Specialists advised that I must lodge a separate claim for resultant damages and pay the excess and then claim from the owner of the unit with the burst geyser. How can one justifying paying two excesses for a burst geyser?

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Replies (2)
Angor Property Specialists - Property Management
Angor Property Specialists - Property Management's reply09 May 2022, 16:25
Official
According to our records, the Caretaker contacted ANGOR on 29 March 2022 to inform us of the resultant damage to your unit. ANGOR sent you a claim form and informed you that you would be liable for the excess. The Insurance Administrator liaised with you and requested the details of the claim submitted to the Insurance Company. Correspondence between ANGOR and the Broken shows that a quote for the resultant damage was submitted on 14 April 2022. The Broker submitted the claim and is waiting for feedback.  The Insurance Company Settled R1725.00 less R1500.00 excess resulting in a payout of R325.00.  The Portfolio Specialist confirmed on 26 April, that the person submitting the claim is liable for the excess and that the owner could claim the excess back from the other unit owner.  
 
The Portfolio Specialist contacted you again today via email explaining that Sectional Titles Schemes Management Act determines how the excess is app****: 
 
The STSM Act, 8 of 2011 states:  
 
Management Rule 23. Insurance Point (2)(a) & (b) 
(2) A member is responsible – 
(a) for payment of any additional premium payable on account of an increase in the replacement value referred to in sub-rule (1)(b); 
(b) for any excess amount that relates to damage to any part of the buildings that member is obliged to repair and maintain in terms of the Act or these rules. 
 
As the resultant damage to your unit is a separate claim, a separate excess is due. The party lodging the claim is liable for the excess. In a case where the damage was caused by another party, the unit above, the excess can be claimed back from the owner of the other unit. The affected owner must lodge the claim against the party whose unit caused the damage in their own capacity. 
DM
Devan M's update09 May 2022, 17:01
Reviewer Update
Thank you for the feedback. The property specialist has been communicating with me today and the outcome has not been in my favor. The owner of the unit that is responsible for the resultant damages does not want angor to provide contact details (popi act) and this means that the matter has to be resolved in my personal capacity. This highlights the gap in the process and creates awareness to other sectonal title holders that may find themselves in a similar situation. The entire situation could have been averted ,if the claim was submitted to include the resultant damages initially.
Unhappy with outcome.