The short answer is “no”.
Trustees cannot stop your claim simply because you’re the only owner with a skylight.
If the skylight is covered, approved, and properly installed, you are entitled to claim. The insurer, not the trustees, decides whether the claim is valid.
Other factors matter more.
- Is the skylight covered by the policy?
If the skylight forms part of the insured building, or an approved improvement accepted by the insurer
Then you can claim.
Being the only section with a feature is irrelevant. Insurance responds to risk and cover, rather than to trustee perceptions at the time.
- Was the skylight properly approved?
Under the Sectional Titles Schemes Management Act, alterations or improvements usually require approval.
A claim may thus run into trouble If it the skylight was installed without approval or it doesn’t comply with building standards (defective design or poor workmanship, which aggravated or caused the loss).
This would be a compliance issue, rather than a “you’re the only one” issue.
- What caused the leak?
Causation is always the critical factor.
A sudden event such as a storm with heavy rain, wind, or debris causes water ingress with the skylight functioning normally before the event the typical outcomes are:
- Resultant damage (ceilings, paint, flooring) – covered
- Skylight element itself damaged – depends on policy wording, but if damaged in the storm, e.g. hail, then normally covered.
- Wear and tear or poor maintenance portion typically not covered, e.g. Perished silicone or failed waterproofing, gradual deterioration over time
It is very typical or commonly found that the skylights are worn and torn, often cracked or damaged during dry season, more often than not, the waterproofing or sealant has deteriorated over time. Thus the storm did not cause damage to the sealant, but as the water damage (resulting) was sudden and unforeseen, most of the insurers we work with will cover the resulting damages, at least.
(Bear in mind, some insurers are stricter in this regard and will reject the entire claim if the proximate cause was wear and tear related).
Whether or not damage following an event is claimable should rather be looked at in terms of the policy wording, typically which will follow the definition of a claimable event as summarised in an easy to understand explainer below per button “cover defined” .
Can trustees block your claim?
No, trustees should never block a claim. The trustees do not approve claims but rather attest to them. If the trustees are uncomfortable with any aspects of a claim, they can add their comments to the claim submission for the claims manager to consider.
Trustees, trustees should assist with submitting the claim, provide scheme information, help facilitate the process and provide any information necessary
They should not decide if the claim is covered, refuse submission because your feature is unique nor override the insurer’s role.
Do skylights affect excesses?
Sometimes, yes.
Insurers may, apply a higher excess, or impose maintenance conditions, but this does not mean automatic exclusion.
Practical steps if your skylight leaks:
- Report the claim immediately
- Take clear photos and videos (inside and outside)
- Confirm approval history, if it was added later, if required
- Avoid admitting liability or guessing the cause
- Let the loss adjuster determine the cause
Common questions
Can a body corporate (the trustees) refuse an owner a skylight claim?
No. The body corporate (via trustees) cannot refuse a valid claim. Only the insurer can accept or reject it. The owner’s rights should be respected, but the trustees should raise legitimate concerns with the insurer.
Is a leaking skylight covered by insurance?
It depends. Storm or sudden damage usually covered
Wear and tear, not covered
Resultant damage, more often than not covered even if the cause isn’t
Do I need approval for a skylight in sectional title?
Yes, in most cases. Lack of approval can affect insurability and claim outcomes. Skylights, by nature, normally extend well into/onto common property.
What if only my section has a skylight?
That alone has no impact on your right to claim.
Final word
Skylights do attract claims, we see it often. But when they are approved, properly installed, and
the damage is sudden and unforeseen; there is generally no valid reason for trustees to stand in your way.
Author: Mike Addison
Addsure is a leading sectional title insurance broker. Get fit and proper advice from advisors who understand sectional title.