By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Damaged caused by blocked gutters

Member’s question:

Dear Anton,

The body corporate installed gutters at the complex. The gutters are now blocked with overgrowth which caused water seeping into a unit causing damage.

We have advised the trustees that the maintenance of the gutters is their responsibility and that they are now responsible for the repair of the damage, but they disagree.

Please advise whether our advice to them is indeed correct.

Anton’s answer:

Hello,

In terms of section 3(1)(l) and (q) the body corporate is responsible for the maintenance and functionality of the common property.

In terms of section 13(1)(c) owners are responsible for the repair and maintenance of their sections.

But if the section, or the contents of the section, are damaged as a result of body corporate failure to maintain the common property, the owner would have a claim against the body corporate for the reasonable cost of those repairs.

 

Can matters decided at a SGM in terms of Section 27 and Section 27A be revised

Member’s question:

It was decided at a SGM to undertake the transfer of garages to the owners in terms of Section 27.

The surveyor has since increased his costing and the trustees would now like to amend the decision taken to be the allocation of exclusive use of garages in terms of Section 27A to be annotated in the rules.

Can the Trustees change the decision taken at the SGM without having another meeting with all owners.

Zerlinda’s answer:

Good afternoon,

As a unanimous resolution of the members was taken to register exclusive use areas in terms of section 27 of the Sectional Titles Act, a further unanimous resolution will be required to cancel the resolution initially taken by the members. This resolution can be taken either at a SGM or via a process of round robin.

Section 27A of the Sectional Titles Act has been deleted.

The relevant provision creating exclusive use areas in terms of a scheme’s rules is section 10(7) and (8) of the Sectional Titles Schemes Management Act.

Should the body corporate make management rules in this regard, a unanimous resolution will be required, and should conduct rules be made, a special resolution will need to be passed.

 


Article reference: Paddocks Press: Volume 11, Issue 11, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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