Navigating Maintenance and Repairs in South African Sectional Title Schemes

Sectional title schemes, common in South African urban areas, involve shared ownership of property. This shared ownership brings about specific responsibilities regarding maintenance and repairs, which can sometimes lead to confusion. Understanding these responsibilities is crucial for harmonious living within a sectional title community.

Understanding Sectional Title Ownership

In a sectional title scheme, owners hold individual ownership of their sections (units) and joint ownership of the common property. This division of ownership dictates who is responsible for different types of maintenance and repairs.

Responsibilities of the Body Corporate

The body corporate, representing all unit owners, is responsible for the maintenance and repair of the common property. This includes:

• External Structures: Roofs, exterior walls, foundations, and communal areas.
• Common Services: Plumbing, electrical systems, and lifts serving the common property.
• Communal Amenities: Swimming pools, gardens, and recreational facilities.
• Security Systems: Access control, perimeter fencing, and CCTV systems.
• Insurance: Maintaining insurance for the building and common property.

The body corporate collects levies from unit owners to fund these maintenance and repair obligations. They are also responsible for creating and maintaining a reserve fund for future major repairs and replacements.

Responsibilities of Individual Unit Owners

Individual unit owners are responsible for the maintenance and repair of their own sections. This includes:

• Internal Structures: Internal walls, ceilings, and floors within their unit.
• Internal Fixtures and Fittings: Plumbing and electrical fixtures within their unit.
• Exclusive Use Areas: If an owner has exclusive use of a garden or patio, they are generally responsible for its maintenance.

Determining Responsibility: A Practical Approach

Determining who is responsible for a particular repair can sometimes be challenging. Here's a practical approach:

• Check the Sectional Title Plan: The sectional title plan defines the boundaries of sections and common property.
• Refer to the Rules: The scheme's rules, including the prescribed management and conduct rules, may provide guidance on specific maintenance responsibilities.
• Consider the Location: If the damage is within a unit, the owner is likely responsible. If it's in a communal area, the body corporate is responsible.
• Seek Professional Advice: When in doubt, consult with the body corporate's managing agent or a legal professional specializing in sectional title law.

Disputes and Resolution

Disputes regarding maintenance and repairs can arise. If a dispute cannot be resolved through communication, owners can:

• Refer the matter to the Community Schemes Ombud Service (CSOS): The CSOS provides dispute resolution services for community schemes.
• Seek legal advice: If the dispute is complex, legal action may be necessary.

Importance of Proactive Maintenance

Proactive maintenance is essential for preserving the value of the property and preventing costly repairs. Regular inspections, scheduled maintenance, and timely repairs can help avoid major problems.

By understanding their respective responsibilities and working together, unit owners and the body corporate can ensure the smooth operation and maintenance of their sectional title scheme.