This week the Property Poser panel deals with two similar questions regarding responsibility for maintenance in a sectional title complex.<\/p>\n
The first reader is having problems with water damage to built-in cupboards, caused by a leaking shower in the unit above.<\/p>\n
The body corporate referred the issue to the person living in that unit, but he is merely a tenant who has undertaken to contact the owner.<\/p>\n
In another matter, a reader complains about a badly neglected garden gate in one of the units in his complex.<\/p>\n
The hinges are broken and the wood unvarnished and rotten. The owner refuses to take responsibility.<\/p>\n
According to Brian Kinnear, principal of Fresh Lifestyle Properties in East London, the maintenance in a sectional title scheme is typically the responsibility of the body corporate.<\/p>\n
“The Sectional Titles Act makes the body corporate responsible for the maintenance of the common property, while owners are responsible for their sections.”<\/p>\n
Kinnear says common property includes driveways, parking bays and garages, private and communal gardens, swimming pools, corridors, lifts and entrance foyers.<\/p>\n
“With reference to the first reader’s problem, it is the duty of the owner of the upper unit to keep his section in a state of repair and fix the shower.”<\/p>\n
Kinnear says the insurance of the building will sometimes cover resultant damage in these situations.<\/p>\n
“However, if not, he may claim the cost of the repairs from the offending owner.”<\/p>\n
The Act even allows the body corporate to perform maintenance to a section at the owner’s expense, should he or she fail to do so, says Kinnear.<\/p>\n
“After giving 30 days’ notice, the body corporate may remedy the situation and recover the reasonable costs of repair from the owner.”<\/p>\n
Grant Berndt from Abdo & Abdo Attorneys in East London says some parts of the common property may be allocated as exclusive use areas to certain owners.<\/p>\n
“An owner who enjoys such rights is obligated to keep that area clean and neat.”<\/p>\n
Berndt says exclusive use areas remain common property and belong to all owners in the scheme in undivided shares. “They are therefore the responsibility of the body corporate.”<\/p>\n
However, says Berndt, the Act makes it plain that the body corporate requires the owner to make additional contributions, in the form of a levy, for exclusive use.<\/p>\n
“This is for maintenance, rates and taxes as well as insurance, unless the rules of the scheme state that the owner is responsible for these costs.”<\/p>\n
In the second example, Berndt says one must determine whether the rules make the owner responsible for repairs or whether he merely pays an additional levy. <\/p>\n
“If he is responsible for the repairs and fails to fix the gate, the body corporate may do so and claim any reasonable costs. If he pays a levy, the body corporate must effect the repairs.”<\/p>\n
To ask a property related question visit www.propertyposer.co.za.<\/p>\n","protected":false},"excerpt":{"rendered":"
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