Maintenance & Repairs in Body Corporates

Some food for thought as most South Africans own or live in Sectional Title Schemes.

Is the Body Corporate automatically liable to repair damage to owners units/sections?

Many Sectional Title Scheme Owners believe that the Body Corporate is automatically liable to repair damage to their units/sections, if such damage is as a result of some failure on the part of the Common Property etc. hallways, roofs, staircases and the alike. Quite often a failure to maintain ones property has an adverse effect on the property of another. This is commonly the case when you have a leaking roof or shower that may cause damage to the unit/section above or below you. What is the responsibility of the Body Corporate in these situations and does such responsibility extend to repair of damage to owners units/sections?

The Sectional Titles Scheme Management Act, more specifically Sections 3 and 13, apportions such legal responsibility for maintenance and repair of the common property to the Body Corporate and maintenance and repair of units/sections to their respective owners. The above-named Act does NOT however deal with the respective responsibility for consequential damage.

The Body Corporate is therefore NOT anatomically responsible to repair damage to an owner’s unit/section. The owner of the unit/section is however entitled to make a claim against the Body Corporate for the reasonable costs of the repair, just like an owner whose unit/section is damaged by a leak from another unit/section may claim such reasonable costs of repair from the other owner.

Should you have any questions on this or wish to discuss this topic further, please do not hesitate to contact us at info@cngattorneys.co.za

By Cara Chiocchetti