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Common Property Guide
Sectional Title Insurance

Common property damage in sectional title — who pays?

Common property damage is usually a body corporate concern, but payment depends on the cause of damage, whether the loss is insured, what excess applies and whether the issue is maintenance-related. Trustees should separate insurance claims from ordinary repairs and long-term maintenance.

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Quick answer: Common property damage is usually a body corporate concern, but payment depends on the cause of damage, whether the loss is insured, what excess applies and whether the issue is maintenance-related. Trustees should separate insurance claims from ordinary repairs and long-term maintenance.

What is common property damage?

  • Damage to shared roofs, staircases, external walls, gates, driveways, boundary walls, lifts, shared plumbing or other communal areas.
  • Damage that affects more than one section or the scheme as a whole.
  • Damage to property controlled by the body corporate, depending on sectional plans and rules.

When insurance may respond

  • Sudden storm, impact, fire, burst pipe or other insured events may trigger the policy.
  • The insurer may require photos, reports and quotes.
  • The policy excess may still need to be paid by the scheme or another responsible party.

When it may be maintenance instead

  • Gradual deterioration, rust, failed waterproofing, poor workmanship or lack of maintenance may not be treated as an insurance claim.
  • Trustees should keep maintenance records and repair plans.
  • Reserve funds and maintenance budgets remain important even where insurance is in place.

How trustees can reduce disputes

  • Clarify common property vs section responsibility.
  • Keep owners informed before major repairs.
  • Review insurance excesses and exclusions before renewal.
  • Use written contractor reports to support decisions.
Need help reviewing the insurance position?
Lowensvlei Insurance Brokers assists body corporates, trustees and managing agents across the Western Cape with body corporate insurance reviews, renewal checks, water damage claims, public liability, fidelity cover and trustee insurance support. Request an insurance review.
This guide is general information for trustees, owners and managing agents. It is not legal advice. Always check the scheme rules, policy wording and current legislation before making final decisions.
Questions

FAQs

Does the body corporate pay for common property damage?

Often yes, but if the damage is insured, the body corporate may claim subject to policy terms and excesses. Maintenance-related damage may need to be funded as a repair.

Can an owner be responsible for common property damage?

Possibly, if the damage was caused by the owner, tenant, contractor or visitor, but the facts and scheme rules must be checked.

Is common property always covered by insurance?

Not always. The policy wording, insured events, exclusions, limits and maintenance conditions must be reviewed.

Need practical body corporate insurance support?

We assist trustees and managing agents with renewals, claims, excesses and scheme insurance reviews across the Western Cape.

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