Sectional title corner – is my balcony’s repair my responsibility?
My balcony is leaking and I need the body corporate to fix it. But the chairman tells me that it is each owner’s responsibility as you are the only one who has access to your balcony. Is this true? – Shahiem
The answer is unfortunately not that simple. We will first have to determine the status of your balcony. There are three possibilities of what it could be:
- Part of the section: then it will be your responsibility.
- Common property: then it will be the body corporate’s responsibility.
- An exclusive-use area: this is the complicated one. If it is exclusive use in terms of the plans (registered exclusive use) then the body corporate must maintain but recover the costs by having you pay an exclusive-use levy. If it is exclusive use in terms of the rules (rule-based exclusive use) then the rules will determine who is responsible for maintenance thereof. If the rules state that the owner is responsible, the body corporate cannot charge an exclusive-use levy for this and if the rules say nothing about responsibility for maintenance then the body corporate must maintain and charge an exclusive-use levy to cover the costs.
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.