CheatSheet: Who Pays? Maintenance & Repairs
by Jennifer Paddock
A major area of conflict in sectional title is the answer to the question: “who pays??”
Who is responsible for the maintenance and repairs of a specific area depends on the nature of the property.
How do I find out what the nature of an area is?
Step 1:
You need to look at the scheme’s sectional plan (the trustees and managing agent should have a copy, or you can try our bank of free online sectional plans or you can get a copy from your local Deeds Registry). The sectional plan will show what areas are sections, the common property and any registered exclusive use areas.
Step 2:
You need to look at the scheme’s rules (the trustees or managing agent should have a copy, or you can get a copy from your local Deeds Registry). Rule-based exclusive use areas will be detailed in the rules of the scheme and there should be a sketch plan showing the exact location of these areas and what sections they are allocated to.
By checking the rules you will also see if there are any special rules regarding repairs and maintenance applicable to your scheme.
Have you battled with who is responsible for repairs and maintenance in your scheme? Share your story with us in the comments below!
Thinking Inside the Box 
Hi Jennifer
I have noticed that my units front window has very thin glass, almost as thin as picture frame glass. i am convinced that this glass is what was install when they built the complex about 30 plus years ago.
My tenant now has a young child and it worries me that they could be seriously hurt going through this window. there are about 3 glass windows one large and two small, they go down to about 20 cms off the floor level.
I believe the BC should pay 50% of the cost for me to replace these windows – what is your opinion ?
Butch
Hi Butch,
Great question! I suggest logging into Facebook and post your question there, as we answer one question a day, for free.
Thanks!
What is the facebook page called ?
Hi there,
The Facebook page is: https://www.facebook.com/PaddocksSectionalTitleTraining
Thanks!
NEW COMPLEX?
Are there structural problems in your apartments?
A housing consumer has a right to lodge a complaint with the NHBRC against their home builder. The NHBRC deals with three types of complaints:
Three month non-compliance
One year roof leak
Five year major structural defect
TRY:
National Home Builders Registration Council
A statutory body. By law, all home builders have to be registered with the council, and have to comply with its building quality standards. Check the website to check if your builder is registered, or whether he has been suspended or deregistered. There is also a warranty scheme in place, which covers “major structural defects” caused by poor workmanship. Noncompliance and deviation from plans and specifications is also covered.
You can lodge a complaint via the council’s website.
Website:www.nhbrc.org
Tollfree number: 0860 200 824
http://www.southafrica.info/services/consumer/building.htm#.VO1bh4dCNFI#ixzz3SjOhvR4v
The NHBRC inspects homes – The objective of inspections is to protect housing consumers against poor workmanship during construction. In the situation where the inspector identifies a deviation from the NHBRC Home Building Manual, a non-compliance will be issued to the home builder.
Lodging a complaint
Estate Agency Affairs Board – did the estate agent knowingly sell your apartment with a roof which leaks?
A body established by the government to protect your interests when you buy and sell property through an estate agent. All agents have to register with the board, and must comply with the board’s code of conduct. Agents are issued with an annual fidelity fund certificate, which they should display. You can check with the board whether the agent is registered or not.
You can also complain against an estate agent whom you suspect has violated either the law or the code of conduct governing the industry.
You are entitled to claim repayment from the board’s fidelity fund if an estate agent has stolen or mismanaged your money. Their website includes a wealth of related information and resources, such as guides for property buyers and guidelines for estate agents.
Website: http://www.eaab.org.za
Whistleblower hotline: 0800 223 225
The website’s disciplinaries section provides information on how to lodge complaints.
http://www.southafrica.info/services/consumer/estate.htm#.VO1fW4dCNFI#ixzz3SjSlqLYn
Hi Jennifer
I am led to believe that should there be a problem inside a unit that is caused by a problem outside the unit ie. common property then the BC has to pay to fix the outside and well as inside the unit.
A wall for example that is allowing water/dampness through into the unit causing paint to come off the walls. This outside wall must be waterproofed and then when the wall has dried out, the BC must paint the inside of the unit.
Foundations sinking causing cracks and problems inside a unit likewise.
Is this correct?
Butch