Contractor Work, Fidelity Cover & Additional Owner Premiums
Community schemes often rely on contractors for maintenance, upgrades, and repairs. While essential, contractor work brings legal, safety, and insurance considerations. At the same time, schemes must protect themselves against internal risks such as theft of funds and clarify when additional owner premiums apply.
Health and Safety Responsibilities for Contractor Work
Under the Occupational Health and Safety Act (OHS Act), the scheme (via its Trustees or Directors) is considered the employer for work performed on common property. This means:
- Ensuring contractors comply with all OHS regulations
- Obtaining proof of their insurance cover (public liability and workers’ compensation)
- Monitoring compliance throughout the project
Failure to do so can lead to:
- Criminal liability for Trustees or Directors
- Financial liability for accidents or injuries
- Possible repudiation of insurance claims
Contractor Insurance Requirements
Before appointing a contractor, Trustees or Directors should request:
- Public liability cover (to protect against third-party injury or damage)
- All-risk construction cover (for larger projects)
- Proof of workers’ compensation registration
- Relevant trade or compliance certificates
Fidelity Cover
Fidelity cover protects the scheme against theft or fraud of its funds by:
- Trustees or Directors
- Managing agents and their employees
- Employees of the scheme
In terms of STSMA Prescribed Management Rule 23(6), all sectional title schemes must have fidelity insurance sufficient to cover the maximum funds the scheme holds at any time.
Without this cover, owners bear the loss if scheme funds are stolen.
Additional Owner Premiums
Some owners install improvements that increase the scheme’s insurance premium, for example:
- Adding a thatch roof structure
- Installing large glass panels
- Fitting high-value fixtures that raise replacement costs
In these cases:
- The insurer may charge a higher premium
- The scheme can recover this cost directly from the owner via the levy statement
- Clear communication is essential to avoid disputes
Proper oversight of contractor work, adequate fidelity cover, and fair allocation of additional premiums are all part of sound financial and risk management in community schemes. These measures protect both the scheme and its members from avoidable losses.
ANGOR Property Specialists works with schemes to ensure compliance, maintain full insurance protection, and manage owner-specific insurance adjustments fairly.
