And yet again, more advice needed

James Cready

Active Member
Joined
Jul 20, 2015
Messages
34
Good Day
So the Popo has struck the fan somewhat:wtf:. Illegal improvements are turning back to bite us:sick:.
A major leak sprung on a common water pipe that runs through the 'exclusive use' areas of some of the units at the complex. The pipe is the main water supply to those units.
What happened however, is that the leak caused damage to one of the unit's fibre glass swimming pool (installed 14 years ago by the previous owners of that unit). The owner of that unit now wants to claim from the insurance. Questions are:
1. Will the insurance pay out? Considering that there are no plans (as far as we know) for the pool and extra levies are not charged on that to that unit.
2. If the insurance does not pay for the damages to the pool, will she have a case to claim it from the body corporate?

Important to keep in mind is the following as well with regards to the pool. It is installed within something like 10cm from that pipe it is a meter (not more than 1 meter) from her house and, as far as we can tell within 1 meter from the main drainage pipes and electricity cables (some of which, according to some older residents, were moved around the swimming pool in order that it may fit in there.

Perhaps one final question: If, because of all this stuff, the insurance does not pay for anything (they may say the pool is illegal and caused damages to the pipes which caused the burst), will the other owners (body corporate) have a case to claim from the owner of that unit for general water loss (about 80Kl) and repairs to the burst (R 5K)?

All the best to you all!
James
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,498
The house was sold after the pool was installed correct?

That will complicate things in a big way, and if the BC didn't object at the time of building the pool then they may be liable IF the insurance decides not to pay out....
 

James Cready

Active Member
Joined
Jul 20, 2015
Messages
34
The house was sold after the pool was installed correct?

That will complicate things in a big way, and if the BC didn't object at the time of building the pool then they may be liable IF the insurance decides not to pay out....
It was sold after that yes. Well, there is no record of the BC or Trustees being asked permission, it was apparently just done (like all other improvements here).
Is the onus not on the owner (buyer) to ensure that all structures etc are done in accordance to law and regulations? Where the previous owner neglected and the buyer didn't pick up on it at time of the sale, surely responsibility carries over to the new owner.
 
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