
Insurance at Elder Mews
As individual owners indicated that they had personal arrangements with regard to insurance which was also dependent upon policies to cover other properties they had an interest in, it was agreed by the owners that the Elder Mews Management Society Ltd would not impose the second encumbrance.
2. To permit the Encumbrancee to take out adequate insurance covering all the cottages situated on the said land above described as a group against damage by fire storm tempest earthquake and such other risks as the Encumbrancee shall determine and to contribute towards the payment of all premiums which shall become payable in respect of such insurance through the medium of the Maintenance Fund hereinafter referred to.
This position was further supported by the advice that possibly that encumbrance, being a positive one, may not be supported in a Court of Law.
As a result owners are individually responsible for the building and contents insurance of their property.
In the context of the impact of damage to one cottage on adjacent cottages and in the context of the decision made by owners to not invoke Encumbrance no2, from time to time the Board commissions an independent valuer to provide a valuation of each individual cottage for insurance purposes. Owners are advised of this outcome and information is sought from owners to ensure that all properties are adequately insured.
The Board is responsible for the insurance of the common property and associated public liability and Office Bearer liability insurance of Board members.
You can learn more about the insurance obligations of owners.