Cyprus Property Forum for Buyers, Sellers & Investors

Hello. Perhaps you can help. Our room drains have been blocked by the roots of a tree that is situated in the communal area but unbenown to us the roots have grown in into my roof drain outlet causing a back up of water on the roof.The communal insurance have agree to cover some of the costs of repair but the committee have in formed me that I must pay the Euro 250 excess myself.Is this correct ? Regards Barry Shattock

Hi Barry

Without seeing the terms and conditions of the insurance cover, I can't comment.

Your Management Committee should have a Insurance Product Information Document, which is a mandatory regulation of the European Commission - (EU) 2017/1469.

Regardless of that, in my opinion, the problem was caused by a by a tree in the communal area and therefore, the Management Committee should pick up the bill.

Regards,

Hi Barry

I've had second thoughts. Your Management Committee are required by law to insure the whole of the jointly-owned building - i.e. everything within the boundary of the development. See You have insurance but are you insured?

It sounds as if they've under insured, in which case it's their problem not yours.

Regards,

Nigel Howarth wrote: 05 Dec 2022 18:47 Hi Barry

I've had second thoughts. Your Management Committee are required by law to insure the whole of the jointly-owned building - i.e. everything within the boundary of the development. See You have insurance but are you insured?

It sounds as if they've under insured, in which case it's their problem not yours.

Regards,

Nigel,

There is always an excess, it doesn't mean it is under insured. The problem has arisen outside his property and caused him problems, I would be inclined to ask the MC to pay any additional dues as it was outside his control.

When one of my clients had a leak that caused an issue with the flat below, it was cheaper to have it repaired than pay the excess.

Had the problem originate within his flat/house then it could be argued he should pay, but it didn't.

he could ask his own insurance for guidance assuming he has one.

Pantheman wrote: 06 Dec 2022 07:02he could ask his own insurance for guidance assuming he has one.

Barry shouldn't need building insurance as the MC should have insured the jointly-owned building as required by law. However, they may have only insured against the legal minimum risks - fire, lightning and earthquakes.

But if the MC only insured the jointly-owned property rather than the jointly-owned building (which conflicts with the law), Barry would need building insurance.

Cheers,