Sectional Title Balconies

Balconies In Sectional Title Complexes

Balconies in sectional title schemes

Under South African sectional title law, balconies are considered common property, but with an important nuance:

Common property by default:

In the Sectional Titles Schemes Management Act (STSMA), anything outside the median line of the walls, floors, and ceilings of a section (unit) is deemed common property. This includes external walls, roofs, and balconies.

Balcony exclusive use rights:

Individual owners have them as exclusive-use areas, even though they are common property. This means the owner has the right to use them, but the body corporate retains ownership.

Balcony maintenance responsibility:

Unless the scheme rules specify otherwise, the body corporate is responsible for maintaining common property. However, the owner may be responsible for the maintenance costs.

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Section Title Schemes

Responsibilities of Owners and Body Corporates

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.

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