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!
Repairing water pipes
Please can you confirm who is responsible for the repair of a leaking water pipe that occurs on the area between the meter and the section?
Section 37(1)(p) is specific to pipes.
The basic principle is that the body corporate is responsible for repairs to pipes where the leak is on the common property part of the pipe, irrespective of whether the pipe serves one or more sections. The sole exception is if the leak is from a hot water installation located on the common property but that serves the section.
Roof trusses on a free standing sectional title unit
We have three units in a scheme which are not attached (free standing), with pitched roofs under tiles supported by wooden trusses above ceilings. One of the units’ roof trusses is required to be replaced. The sectional plan does not indicate the roof space as common property and the body corporate has as yet not adopted a special rule to treat the future maintenance of the rafters in a uniform manner.
Further, the scheme was registered in 1997 and the land surveyor who prepared the plan is not available to look at the drafting notes in his file.
Is it safe to accept that the cost of replacing the rotten roof trusses in the specific units’ roof space is for the cost of the unit owner and not the body corporate ?
Section 5(5)(a) provides that the boundaries of sections are the median lines of the walls, floor and ceiling that surround them. Consequently, the roof space and all the roof structure is common property and so the responsibility of the body corporate to maintain and repair.
Where there is no ceiling, for example in some double volume rooms, or in thatch roofed buildings, notes to the sheets in the sectional plan showing the floor plans should specify the upper boundary of the section, or cross section drawings are included in the sectional plan.
Article reference: Paddocks Press: Volume 11, Issue 06, 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.