Who is responsible for maintenance and repairs in sectional title? South Africa

Sectional title ownership is a widely adopted form of property ownership in South Africa, particularly in urban areas where apartments, townhouses, and office parks are prevalent. This form of ownership allows individuals to own a specific section (unit) of a building or complex while sharing ownership of common property with other owners. However, shared ownership also means shared responsibilities, particularly when it comes to maintenance and repairs. Understanding who is responsible for what in a sectional title scheme is essential for harmonious living, preserving property value, and avoiding disputes. This article provides a comprehensive overview of the legal framework, roles, and responsibilities for maintenance and repairs in sectional title schemes in South Africa.

1. What is a Sectional Title Scheme?

A sectional title scheme divides a building or complex into individually owned sections (units) and common property. Each owner holds a title deed for their section and an undivided share of the common property. The common property typically includes shared areas such as hallways, gardens, parking areas, elevators, and recreational facilities.

The Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) govern sectional title schemes in South Africa. These laws, along with the scheme’s Conduct Rules and Management Rules, provide a framework for the maintenance and repair responsibilities of owners and the body corporate.

2. Key Role Players in Maintenance and Repairs

The responsibility for maintenance and repairs in a sectional title scheme is shared among several parties:

a. The Sectional Title Owner

Each owner is responsible for the maintenance and repair of their individual section (unit). This includes:

• Interior elements: Walls, ceilings, floors, and fixtures such as light fittings, taps, and built-in cupboards.
• Windows and doors: Those that serve only their section.
• Exclusive use areas: Areas such as balconies, patios, or parking bays designated for the owner’s exclusive use, unless the scheme’s rules state otherwise.

Owners must ensure that their units do not negatively affect the common property or other sections. For example, if a leaking geyser in an owner’s unit damages the common property, the owner may be liable for the repairs.

b. The Body Corporate

The body corporate is responsible for the maintenance, repair, and management of the common property. This includes:

• Structural elements: The roof, exterior walls, foundations, and other structural components of the building.
• Shared facilities: Swimming pools, gyms, parking areas, gardens, and hallways.
• Utilities serving the common property: Water pipes, electrical systems, and elevators.

The body corporate is funded by levies paid by all owners. These levies are used to cover maintenance, repairs, insurance, and other operational costs.

c. The Trustees

The trustees are elected by the owners to manage the body corporate’s affairs. Their responsibilities include:

• Ensuring the common property is well-maintained and repaired.
• Implementing the scheme’s rules and policies.
• Approving maintenance budgets and overseeing contractors.

Trustees act on behalf of the body corporate and must act in the best interests of all owners.

d. The Managing Agent (if appointed)

Some schemes appoint a managing agent to handle day-to-day operations, including maintenance and repairs. The managing agent works under the trustees’ direction and ensures that repairs are carried out promptly and efficiently.

3. Legal Framework Governing Maintenance and Repairs

The Sectional Titles Schemes Management Act (STSMA) and the Prescribed Management Rules (PMR) provide clear guidelines on maintenance and repair responsibilities:

a. Maintenance of Common Property (PMR 3)

• The body corporate must maintain the common property in a state of good repair.
• This includes renewing or replacing any part of the common property that has reached the end of its useful life.

b. Maintenance of Sections (PMR 5)

• Owners must maintain their sections in a good state of repair.
• Owners are also responsible for maintaining exclusive use areas (e.g., balconies or parking bays) unless the scheme’s rules state otherwise.

c. Emergencies and Urgent Repairs

In emergencies (e.g., burst pipes or electrical faults), the body corporate or trustees may authorize immediate repairs to prevent further damage. The cost may be recovered from the owner if the issue originated in their section.

4. Common Disputes Over Maintenance and Repairs

Disputes often arise when there is confusion over who is responsible for a specific repair. Common issues include:

a. Water Leaks

• If a leak originates from a common pipe, the body corporate is responsible.
• If it comes from an owner’s geyser or plumbing, the owner must cover the costs.

b. Roof Repairs

• The body corporate is generally responsible for roof maintenance unless the damage is caused by an owner’s negligence.

c. Exclusive Use Areas

• While owners may have exclusive use of certain areas (e.g., gardens or parking bays), the body corporate may still be responsible for structural repairs.

d. Boundary Walls and Fences

• The responsibility for boundary walls and fences depends on the scheme’s rules. In some cases, the body corporate is responsible, while in others, the adjacent owners share the responsibility.

In such cases, the Community Schemes Ombud Service (CSOS) can mediate disputes between owners and the body corporate.

5. Financial Considerations

Maintenance and repairs can be costly, and proper financial planning is essential. The body corporate must:

• Establish a maintenance fund for routine repairs.
• Create a reserve fund for major repairs or replacements (e.g., roof repairs or elevator upgrades).
• Ensure levies are sufficient to cover these costs.

Owners must pay their levies on time to ensure the body corporate can fulfill its maintenance obligations.

6. Conclusion

In South African sectional title schemes, maintenance and repair responsibilities are shared between individual owners and the body corporate. Owners are responsible for their sections, while the body corporate manages the common property. Trustees and managing agents play a crucial role in ensuring that maintenance is carried out efficiently and in accordance with the law.

Clear communication, adherence to the scheme’s rules, and proper financial planning are key to avoiding disputes and maintaining the value of the property. By understanding their responsibilities, sectional title owners can contribute to a well-maintained and harmonious living environment.

FAQs

1. Who pays for water damage in a sectional title scheme?
   • If the damage originates from a common pipe, the body corporate pays. If it comes from an owner’s unit, the owner is responsible.
2. Can the body corporate force an owner to repair their section?
   • Yes, if an owner’s failure to maintain their section affects the common property or other owners, the body corporate can take legal action.
3. What happens if the body corporate fails to maintain the common property?
   • Owners can raise the issue with the trustees or escalate it to the CSOS for resolution.
4. Are owners responsible for painting the exterior of their units?
   • Typically, the body corporate is responsible for exterior maintenance, including painting, unless the scheme’s rules state otherwise.

By understanding these responsibilities, sectional title owners can ensure their property remains in excellent condition and avoid unnecessary conflicts.