Sectional Titles

Sectional title and damp

The article begins by discussing the obligation placed on the body corporate in terms of s37(1)(j) of the Sectional Titles Act 95 of 1986 to maintain and repair the common property and the special levies which can be raised according to owners' participation quotas. The general rule is clear - if the source of the leak is in the common property then the body corporate pays. If the leak originates in a section, the section owner is responsible.

Such clarity becomes opaque for example when balcony floors leak. Here four scenarios can be distinguished:
the balcony is part of a section;
the balcony is part of the common property;
the balcony is common property with rule-protected exclusive use;
the balcony is common property with registered exclusive use.

Isolating the cause of a leaking pipe also gives rise to problems. What if the leak is from a pipe which is in a wall between two sections, who is responsible?

Article on Property24

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