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!

Electrical Cabling Repairs

Member’s question:

Good Good Afternoon

Please could you confirm the following:

Who is responsible for the cost of the electrical cabling repairs from the communal supply to the apartment.

Look forward to hearing from you.

Anton’s reply:


Any supply infrastructure that is on common property is the body corporate’s responsibility, even if it only serves one section.

Section 37(1)(j) is the applicable provision.

Once the supply line, whatever it is, crosses a median line into a section, it is that section owner’s responsibility unless that supply line serves  another section as well, or the common property.

If that is the case, it remains the body corporate’s responsibility. Section 37(1)(p) applies to this situation. a residential building, sections used as self catering accommodation are not being used as business premises.


Levies due for a lift

Member’s question:

I would like to know if the levies due for the lift are the same whether you are on the ground floor, first or higher.

I have an apartment on the first floor in a building with two lifts.

One of the lifts has not worked since I bought the unit eight months ago.

Am I liable for the levy of that lift as well?

Anton’s answer:

Lifts are common property and their maintenance is funded from the administrative fund, to which all owners contribute via the levy, so ordinarily, yes all owners contribute to the lift maintenance according to the participation quota allocated to their sections.

However, it is possible to make a particular type of rule that can change the effect of the participation quota, and paying for lift maintenance is often the subject of such a rule.

Section 32(4) is the relevant provision.

The developer can make the rule when opening the register or the body corporate can make it.

If the body corporate makes it, the rule requires a special resolution plus the written consent of any owner negatively affected by the terms of the rule. This is very difficult to obtain.

You should check your scheme’s rules to make sure, one way or the other.

Article reference: Paddocks Press: Volume 10, Issue 11, Page 4.

Professor Graham Paddock, Anton Kelly, Carryn 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.

Back to Paddocks Press – November 2015 Edition.