Maintenance of Common Property

When it comes to the topic of maintenance of common property, temperatures are bound to rise among sectional title owners.

Disputes often arise over the responsibility for sectional title maintenance of the common property and the exclusive use areas.

The maintenance of common property is not always straightforward, because the responsibility may rest with different people or entities.

When the sections in a scheme are privately owned, any repairs and maintenance done within the median line (the walls and windows that separate one section from the common property and another section).

The exterior walls of a section, however, forms part of the common property, and the body corporate is responsible for maintaining it.

The body corporate

According to the Sectional Titles Act, the body corporate is responsible for the maintenance of the common property.
The duties of the body corporate include arranging for the maintenance to be done, as well as paying for it.

Sectional title owners

Owners have the responsibility of maintaining their own section, because a lack of maintenance could negatively affect another section.

However, in situations where a hot water system is situated in or on the common property, the owner of the section who uses the hot water from that system is responsible for any damages caused in that area of the property.

When one owner of the section enjoys the rights of exclusive use over a portion of the common property, he or she becomes responsible for keeping that area neat and tidy.

Van Deventer and Van Deventer Incorporated | Property Law Attorneys in Johannesburg.

Ownership of sectional titles may be confusing at times, especially when you are not sure about your responsibilities as an owner, and the responsibilities of the body corporate.

For clarity on this matter, contact the property law experts at Van Deventer and Van Deventer Incorporated.

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