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Sectional title corner – is my balcony’s repair my responsibility?

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Q

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

A

Hi 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. Trafalgar logo fc_pay off line

Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you.


Who is Karien Coetzee?

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee, national property management consultant at Trafalgar.

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.

 

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david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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