Sectional title corner – Who is responsible for maintaining exclusive-use areas?
Hi, I have two questions:
#1 For the purpose of a delineation between common property and exclusive-use property – how is this determined? Does median line come into the equation?
#2 Is the outside wall of an exclusive-use area the responsibility of the body corporate or the owner? – Greg
#1 Exclusive is also common property but it is common property where an owner(s) have the exclusive right to use it. Exclusive-use rights are given in one of two ways: In terms of the sectional plans or in terms of the rules.
#2 When it is shown on the plans, the plans will clearly show which area is included in the right and when it is shown in the rules the rules must stipulate what is included. For instance, if exclusive-use rights are given to a garden and it is done in terms of the rules, it does not automatically include the wall/fence surrounding the garden. If that must be included it must be specified in the rules.
When it is an exclusive-use area in terms of the plans, the maintenance responsibility always lies with the body corporate; but the body corporate must raise an exclusive-use contribution from that owner to cover this.
When it is an exclusive-use area in terms of the rules, the rules must stipulate who is responsible for maintenance. If the rules do not stipulate that the owner is responsible for the maintenance then the body corporate will be responsible and, again, the body corporate must raise an exclusive-use contribution for this. Should the rules stipulate that the owner is responsible for maintenance, then the body corporate may not charge an exclusive-use contribution for it.
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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.