Sectional Title Flat - Water Damager to flat below

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jezzad

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I own a flat in a sectional title block.

Our shower drain leaked into the unit below us damaging their cement ceiling (paint, plaster)

At the time I offered to pay for damages or repair the units ceiling to the owner (verbally) who said not to worry about it as he was doing renovations anyway.

Skip forward three / four months and I receive a bill from the trustees for paint and plaster for the unit. Which amounts to roughly R4500

Am I liable for these expenses considering:
  • I offered to pay for them and the owner said not to worry (all verbal)
  • I wasn’t afforded the opportunity to get my own contractor in to do the work and pay for it.
  • I wasn’t quoted on the work.
  • The invoice isn’t addressed to me.
  • I haven’t signed off or approved the costs or quotation
  • Cost seem exorbitant considering it was only a areas of about one square meter of damage
I am not denying the damage was caused by my unit. Im just saying if I had known about the change of plans (owner) I would have got my own team in and resolved it for much less.

Any previous experience or thoughts on the above?
 
Firstly, when it comes to things like this, always get everything in writing..

Secondly, irrespective of offers made, in accordance with sectional title law you are liable for the costs of repair work, as your unit caused the damage..

Not sure that it really matters that your offer was declined.. Approach CSOS and argue your case with them, is your best bet..

Problem is though, now that repair work has already been done, there is no way for you to prove that the repair costs would have been any less had your team done the work..
 
We have had a few water leaks in the years I have lived in my sectional title unit and in every case the insurance covered it. My flat also caused a water leak from a pipe in the walls that was faulty and I flooded my neighbour out downstairs.
Check with your body corporate
 
For R4500, it may just be less hassle to pay it (in anger, no doubt) than to contest it.
 
Pineapple Smurf said:
We have had a few water leaks in the years I have lived in my sectional title unit and in every case the insurance covered it. My flat also caused a water leak from a pipe in the walls that was faulty and I flooded my neighbour out downstairs.
Check with your body corporate
Click to expand...
Only our geysers are covered for bursts and leaks within our insurance policy
 
Pineapple Smurf said:
We have had a few water leaks in the years I have lived in my sectional title unit and in every case the insurance covered it. My flat also caused a water leak from a pipe in the walls that was faulty and I flooded my neighbour out downstairs.
Check with your body corporate
Click to expand...

There are multiple different factors:
In most blocks there are pipes that clearly belong to the Body Corporate, the rest belong to the owners of each flat.
Insurance policies coverage of water damage varies, depending on whether it was a catastrophic failure such as a burst geyser, or a slow leak such as poor maintenance.
Even if insurance covers the damage, the excess payable may be several thousands of rands.
It doesn't sound like this process was well handled, but there is not always a clear procedure in every case.

Edit: Even if only 1 square meter has visible damage, most of the ceiling was probably damp. The entire area needs to be repainted to get an even surface and colour match. Adjacent rooms can also be damaged, and this may not be apparent at first.

N.B. I am not currently a trustee, but as caretaker have dealt with multiple leaks, floods, and blockages in our complex. It helps to get photos and monitor every step in the process.
 
Last edited:
Pineapple Smurf said:
We have had a few water leaks in the years I have lived in my sectional title unit and in every case the insurance covered it. My flat also caused a water leak from a pipe in the walls that was faulty and I flooded my neighbour out downstairs.
Check with your body corporate
Click to expand...
If the water pipes/leaks were in the common property walls, it would be covered by insurance.. otherwise it's not always covered or feasible to have it repaired by insurance due to excess being high etc..
 
WAslayer said:
If the water pipes/leaks were in the common property walls, it would be covered by insurance.. otherwise it's not always covered or feasible to have it repaired by insurance due to excess being high etc..
Click to expand...
I had a similar issue many years ago, the boundary of common vs non-common property is sometimes very vague - it had to do with damage to an exterior wall due to a leaking toilet waste pipe.

In this case, a leaking shower is for sure not common property.

I would be a bit peeved off with the owner, he should have engaged with you prior to getting the work done, out of courtesy.
 
Before you pay anything, ask for proof that the buidling's insurer has repudiated the claim. Most insurance companies will cover the cost of the resulting damage of a water leak.
 
Stonemason said:
Before you pay anything, ask for proof that the buidling's insurer has repudiated the claim. Most insurance companies will cover the cost of the resulting damage of a water leak.
Click to expand...
I second this. Insurers cover damage from consequential damage due to water leaks
 
jezzad said:
I own a flat in a sectional title block.

Our shower drain leaked into the unit below us damaging their cement ceiling (paint, plaster)

At the time I offered to pay for damages or repair the units ceiling to the owner (verbally) who said not to worry about it as he was doing renovations anyway.

Skip forward three / four months and I receive a bill from the trustees for paint and plaster for the unit. Which amounts to roughly R4500

Am I liable for these expenses considering:
  • I offered to pay for them and the owner said not to worry (all verbal)
  • I wasn’t afforded the opportunity to get my own contractor in to do the work and pay for it.
  • I wasn’t quoted on the work.
  • The invoice isn’t addressed to me.
  • I haven’t signed off or approved the costs or quotation
  • Cost seem exorbitant considering it was only a areas of about one square meter of damage
I am not denying the damage was caused by my unit. Im just saying if I had known about the change of plans (owner) I would have got my own team in and resolved it for much less.

Any previous experience or thoughts on the above?
Click to expand...
Tell them to f-off and insurance should settle the claim with maybe a minimal excess.
If insurance won't pay ask if they have professional indemnity/trustees liability cover because you will be holding them responsible for not ensuring there is decent insurance covers in place.
 
Hemi300c said:
Tell them to f-off and insurance should settle the claim with maybe a minimal excess.
If insurance won't pay ask if they have professional indemnity/trustees liability cover because you will be holding them responsible for not ensuring there is decent insurance covers in place.
Click to expand...
One of the trustees is an insurance broken and manages our blocks insurance (massive conflict of interest). So he should know what is covered and what isn’t. My question about the above approach is the leak occurred in a raised section of our shower floor. So technically not in the median line between units.
 
jezzad said:
One of the trustees is an insurance broken and manages our blocks insurance (massive conflict of interest). So he should know what is covered and what isn’t. My question about the above approach is the leak occurred in a raised section of our shower floor. So technically not in the median line between units.
Click to expand...
Doesn't matter

Ask for a repudiation letter from the insurer (the broker or trustees cannot do the letter) and the contact details of the ombudsman as you will be going that route.
 
I live in a house. NO worry about pesky noisy neighbors downstairs or next door....Just me all by my self.
 
Hemi300c said:
Tell them to f-off and insurance should settle the claim with maybe a minimal excess.
If insurance won't pay ask if they have professional indemnity/trustees liability cover because you will be holding them responsible for not ensuring there is decent insurance covers in place.
Click to expand...
Best reply in my honest opinion.

sounds like the trustees are falling for the insurance company's "best outcome"

Top floor didn't chose to have the shower leak, bottom floor needs things fixed.

That's why we have building insurance.
 
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