There is a crack on the wall dividing the two balconies (earthquake) and the balconies forms part of the section Will this be 50/50 between owners or BC? And who is responsible for the excess if it is an insurance claim?
The STSM Act states the following:
PMR 23
(2) A member is responsible —
(b) for any excess amount that relates to damage to any part of the buildings that member is obliged to repair and maintain in terms of the Act or these rules, and must furnish the body corporate with written proof from the insurer of payment of that amount within seven days of written request.
So, the person/entity responsible for the maintenance of the area pertaining to the claim is responsible for the excess payment on the insurance claim.
In this example, no common property is involved – half of the wall belongs to the one owner and the other half belongs to the other owner. So, the costs will be split 50/50 between the two owners. This includes the excess payable if there is an insurance claim.