Trustee Guide Excesses
Sectional Title Insurance
Western Cape Support

Who Pays the Excess in a Body Corporate Claim?

Insurance excesses often cause frustration because the policy may respond, but someone still needs to pay the first portion of the claim.

Quick answer: Who pays the excess depends on the policy wording, the scheme rules, the type of claim, the cause of damage and how the body corporate has decided to handle excess recovery.

Start with the policy schedule

  • The excess amount is normally listed in the schedule or policy endorsement.
  • Different excesses may apply to geysers, water damage, storm damage, theft, power surge or liability claims.
  • The highest excess is not always obvious unless the schedule is read carefully.

Then check the scheme’s rules and resolutions

  • Some schemes have rules or AGM decisions dealing with excess recovery.
  • Trustees should apply the process consistently and avoid making ad hoc decisions for each owner.
  • Where there is uncertainty, trustees should get proper advice before recovering an excess from an owner.

Common scenarios

  • A geyser in one section causes damage to that section or another section.
  • A common property pipe causes damage inside a unit.
  • A storm damages roofs or common property.
  • A vehicle damages a gate, wall or common property structure.
  • A liability claim is made by a visitor or third party.

How to prevent disputes

  • Explain the excess before repairs are finalised where possible.
  • Keep the policy schedule available to trustees and managing agents.
  • Record the reason for the excess decision.
  • Use clear owner communication templates for common claims.

Questions to ask your broker

  • Which excess applies to this claim?
  • Can the excess be recovered from anyone under the policy or scheme rules?
  • Will repeated claims increase the excess at renewal?
  • Should the scheme consider a different excess structure to reduce premium or disputes?
This page is general information for trustees and managing agents. It is not legal advice and does not replace the policy wording, scheme rules or professional advice for a specific claim or renewal.

Frequently asked questions

Is the excess always for the owner?

No. It depends on the policy, scheme rules and the facts of the claim.

Can trustees waive an excess?

Trustees should be careful. Waiving or absorbing excesses inconsistently can create disputes and budget pressure.

Should excess rules be communicated to owners?

Yes. Clear communication helps reduce conflict when a claim occurs.

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