Geyser Replacement Dispute:
PMR 29 stipulates all the rules pertaining to insurance in a complex and specifically PMR 29 (4) whereby owners shall be responsible for any excesses.
PMR 68 (vii) goes further to instruct owners to maintain the hot water installation. The Act makes no mention of owners having the responsibility of replacing geysers - only maintaining them (eg. valves, elements).
Unless a resolution was passed by owners, the Trustees have a right and duty to replace geysers to prevent further damages and to charge the excess to the owner.
By owners maintaining their geysers, the life span of a geyser is extended resulting in fewer geyser claims, thereby reducing the claims ratio and possible high increases in future premiums.
The views contained herein are that of Biccari Bollo Mariano Inc , a firm of attorneys specialising in Sectional Title Legislation. For more information on this issue please contact:
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