Responsibilities of Owners and Body Corporates
I do a fair amount of inspections in sectional title schemes. Often, owners ask me if body corporates will pay for repairs inside their units. Obviously, their concern is about damage caused by external factors such as rainstorms, burst geysers, and so on.
Each case is usually based on its merits. Usually, the trustees use their discretion in deciding how to allocate repair and replacement costs. However, there are many grey areas and differences between the owner’s and body corporate’s responsibilities and liabilities.
The Body Corporate’s obligations
Body corporates are responsible for the repairs, maintenance, and upkeep of the common properties.
Furthermore, the body corporate maintains all pipes, ducts, wiring, etc., for the common property and services to more than one unit.
Your obligations as an owner of a section
You must maintain your particular section. Moreover, you must also keep any part of the common property to which you have the right neat and tidy. These are exclusive-use areas such as gardens, patios, balconies, and parking areas.
You are responsible for the costs and remedies of all damages to your section. However, you can claim against another owner and or the body corporate if the damage resulted from an external factor.
If you have a dispute with another owner, your body corporate won’t get involved.
However, they will get involved in claims made against the body corporate’s insurance.
You should refer a dispute with another owner to the Ombud at the Community Schemes Ombud Service. When you have a complaint or a dispute with the body corporate that is not being resolved, you should involve the Community Schemes Ombud Service!
Specific disputed items between owners and body corporates
You and the body corporate normally share the costs of replacement or repair on a 50/50 basis. However, if you are negligent, the body corporate may refuse to pay half the costs of the damage repair or replacement. Similarly, if the body corporate is negligent, you may refuse to pay half the costs.
Window Frames:
In some body corporate’s rules, you will have to replace or repair your windows at your own expense. Therefore, you will need to check the copy of the body corporate rules before you claim.
Furthermore, body corporates will use the 50/50 split when negligence is difficult to prove.
Window Panes:
The cost of repair or replacement is usually your responsibility. Ultimately, there are very few exceptions. Sometimes, the cost of the excess outweighs the cost of replacement and is often not worth claiming. Obviously, you are responsible for broken pane replacement because you don’t close or tighten a window.
The body corporate will probably pay for panes on a 50/50 basis in most cases.
Geysers:
Insurance policies include geysers as fixtures.
However, the Sectional Titles Act states that if a geyser serves only your unit, then you should maintain it. However, geysers are also fixtures.
All insurance policies differentiate between burst and leaking geysers, water, sewerage, and drainage pipes. In addition, insurance policies cover any consequential damage caused by either a leaking or a burst geyser.
If a geyser bursts, you claim from the insurer, and you will be liable for the excess. Notwithstanding, the geyser’s age may determine the amount of the excess.
You will probably pay an excess for claims against the body corporate’s insurance policy.
If a geyser bursts, the unit owner should have a new geyser installed. You should then claim against your complex’s insurer. In addition, if consequential damage has occurred, you should claim as well. As the owner, you will have to pay the excess of the claim.
If a geyser leaks, you should have it repaired and claim any consequential damages. Firstly, check if the insurance policy covers geyser leaks. If it does, you will be liable for the excess payment.
Doors:
You are responsible for repairs and maintenance to all internal doors in your unit.
With external doors, the body corporate will have to inspect with you to determine liability and responsibility. Usually, the 50/50 rule applies if the liability and responsibility cannot be determined.
The body corporate may replace external doors on a 50/50 basis, including doors to common property or to exclusive use areas, unless the body corporate rules state otherwise.
Trees and Shrubs
Your body corporate normally maintains or removes trees or shrubs.
However, you must maintain trees and shrubs in exclusive-use areas if you enjoy the rights to that area. On the other hand, the removal of trees and shrubs is usually the responsibility of the body corporate.
Roofs, Exterior Walls, and Foundations
The roof, outside walls, and the foundations are all part of the common property. Therefore, if water and damp problems originate from the roof, the foundations, or through an outside wall, the body corporate is responsible for any work necessary to stop penetrating, rising, or falling damp or a water leak, and for the cost of those repairs, in terms of Section 37 of the Sectional Titles Act.
The owners of sections where there has been interior damage from water seeping in from common property are entitled to expect the body corporate to pay the costs of those repairs. Usually, the body corporate can claim from insurance if the leak and resulting damage are caused by an unusual event such as a severe storm.
Regular estate or complex maintenance
The body corporate, by law, should have 10-year maintenance plans in operation. As an owner of a section, you should insist that this plan be given to you and that the following routine maintenance be done routinely:
Every Year
- Gutters and Downpipes: Clean out and inspect for damage
- Roofs and Flashing: Inspect and repair
- External Geysers: Inspect, drain, and descale
- Fire Extinguishers: Inspect and recharge
- Storm Drains: Inspect and clean
- Lawn Sprinklers: Inspect, test, replace heads, and reset timers
- Exterior Doors: Inspect weatherstripping, thresholds, and hinges
- Parking Area and Driveways: Inspect for cracks and potholes
- Carports: Inspect for corrosion, damaged covering, and lighting
- Balcony and Stairwell Balustrading: Inspect for secure fastening
- The exterior of buildings: Inspect for wood rot, loose or damaged fascia and barge boards, paint deterioration, and cracks.
- Checking of the lifts: If applicable, by the service provider
- Tree trimming: Instruct the garden service
- Drain and waste pipes: Leaks, damage, and root clearing that may damage the drains.
- Boundary walls: paint deterioration and cracks.
Each Quarter
- Swimming Pools: Inspect filters, timers, pumps, and pipework, and adjust
- Exterior, Common Area, and Signage Lighting: Inspect and adjust timers or photocells.
- Pest control: This is especially important if your complex has problems with termites and other pests
- Servicing of the electric fence: This includes removing/cutting back vegetation that may damage the fence
- Gates and gate motors: This includes the main gates, pedestrian gates, and private use area gates.
- Swimming pool fencing and gates: All fences and gates at swimming pools should be in working order and conform to safety requirements.
If you are unsure about any item mentioned above, always refer to the registered body corporate rules and sectional title plans.
Inspected Once, Inspected Right!®
SEE WHERE I INSPECT IN GAUTENG!
THE HOME DETECTIVE » home inspection blog » Homeowner »