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THE COST OF SURVIVAL

  • 11 hours ago
  • 2 min read

You probably saw the fire that happened in Eastwood last week.


As of this writing, authorities are still investigating the cause. Initial reports said the fire may have started in the lower portion of the building, with smoke spreading through parts of the tower.


What caught my attention was one detail from the videos: some residents appeared to break their windows just to breathe.


And honestly, in that situation, I understand it.


Many condo windows do not fully open. Some only open slightly. Some are fixed. This is usually for safety, façade design, wind-load requirements, or building rules. But during a fire, when smoke enters the unit and the resident has no clean air, the window suddenly becomes a lifeline.


After the emergency is over, though, a very practical question comes up:


Who pays for the broken window?


Because these are not ordinary house windows. In a high-rise condominium, the window is usually part of a larger façade system. So this can easily become a very expensive repair.


From the owner’s side, it is painful. If the unit is leased out, the unit may become untenantable while waiting for replacement. If repairs take weeks or months, can the tenant pre-terminate? Can rent be suspended or reduced?


From the tenant’s side, it also feels unfair to say, “You broke it, so you pay for it,” if the window was broken during an emergency just to get air.


And then there is the insurance question.


Is this covered by the unit owner’s insurance? The condo corporation’s building insurance? The tenant’s insurance, if any? Or is it excluded because the window was intentionally broken, even if it was done out of necessity?


I do not think there is one automatic answer. It will likely depend on the lease contract, the condo’s master deed and house rules, the insurance policy, the official fire report, and the specific facts of what happened inside the unit.


These are uncomfortable questions, but this event reminds us that “standard contracts” often feel complete only until something unusual happens.

© 2024 by JUAN PATAG REAL ESTATE

RE/MAX Capital, 5th Floor, Phinma Plaza

Plaza Drive, Rockwell Center, Makati City

Metro Manila, Philippines

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