Break-In Damage: Who Pays for the Front Door and Security Gate Repairs?

When dealing with damage to your property following a break-in, especially in a sectional title scheme, it’s crucial to understand who bears the financial responsibility for repairs, including the payment of any insurance excess. This question often arises when the damage involves the front door and security gate, as these areas are sometimes considered shared property between the unit owner and the body corporate.

According to the Sectional Titles Schemes Management Act (STSMA) and the associated regulations, the responsibility for covering the excess on insurance claims can vary depending on who is responsible for maintaining and repairing the damaged areas.

In the case of the front door, the situation is straightforward. The law typically treats the front door as a shared responsibility because the door lies on the median line between the owner’s section and the common property. As such, both the owner and the body corporate share the responsibility for repairs equally. If the front door needs to be replaced entirely, the excess amount payable for the insurance claim is usually split 50/50 between the owner and the body corporate.

The security gate, however, falls under a different category. Prescribed Conduct Rule (PCR) 4 of the STSMA outlines that if an owner or occupier installs a locking or safety device, such as a security gate, it is their responsibility to maintain and repair that device. This means that if the security gate is damaged, the owner is responsible for the repair costs, including any insurance excess.

Before proceeding with any claims or repairs, it's advisable to review the specific management rules set by your body corporate. Some body corporates may have rules that assign maintenance responsibilities differently, including delegating certain repair duties directly to the owner. Additionally, consulting the sectional plans of your property can confirm whether the front door falls exactly on the boundary between the section and common property, which would influence whether the costs are shared.

Understanding these responsibilities helps ensure that both owners and the body corporate handle repairs and costs fairly and in accordance with the law, providing clarity and reducing potential disputes in sectional title living.