Dr Carryn Melissa Durham

I often get queries on who is responsible for the maintenance (including repair or replacement) of windows and doors within sectional title schemes. In this article, I will address the financial responsibility for maintenance of the windows and doors (including garage doors).

In order to answer these questions I will examine:

  • What divides a section from the common property?
  • What forms part of the section and what forms part of the common property?
  • Who is responsible for the maintenance?
  • How is replacement authorised?
  • Who is responsible for the costs?
  • How can the costs be funded?
  • How are these costs allocated between owner and body corporate?

A draft sectional plan must define the boundaries of each section in the building. The common boundary between two sections, or a section and common property is the median line of the dividing floor, wall or ceiling as the case may be. The boundaries of a section are defined by reference to the floors, walls, and ceilings thereof, or as may be prescribed, provided that any window, door (including garage doors) or other structure which divides a section from another section or from common property, are considered to form part of such floor wall or ceiling.

The “median line” in the context of the drafting of sectional plans, is not a physical thing. It is an imaginary vertical or horizontal line that represents the “mid-points” that are half-way between the outside surfaces and the inside surface of a wall, floor or ceiling, with one half of that wall, for example, on either side of the median line. In terms of section 5 of the Sectional Titles Act (“the ST Act”) where a door or window is set into an exterior section wall, the median line goes through the center of that door or window. The effect of this provision is that windows and doors (including garage doors) in the exterior walls of sections are always partially part of the section (the inner 50%) and partially part of the common property (the outer 50%). The intent of this provision is to make the owner and the body corporate share maintenance and repair costs equally.

In terms of section 3(1)(l) of the Sectional Titles Schemes Management Act (“the STSM Act”), the body corporate must maintain all the common property, which includes the exterior part of any wall, door or window that forms a boundary between a section and common property. In terms of section 13(1)(c) of the STSM Act, the owner must repair and maintain the interior part of any wall, door or window that forms a boundary between a section and common property. Therefore, the expenses (which could include maintenance, repair and replacement costs) in regard to any window or door (including garage doors) in an exterior section wall should be split equally between the owner and body corporate.

If the windows cannot handle the level of wind-driven rain due to its age and design and are beyond effective repair, and the only permanent solution will be a replacement, then the replacement of the windows could either fall within maintenance or be an improvement depending on the circumstances. If, for example, the wooden window frames are replaced with aluminium ones, then the replacement will be useful and necessary.

The process set out prescribed management rule (“PMR”) 29(2) must be followed to authorise the replacement of the windows. Should the trustees wish to effect reasonably necessary improvements to the common property, they must give written notice to all owners. The notice must indicate the intention to proceed with the improvement after a stated date not less than thirty days from the date of posting and provide details of the proposed improvements. The details must include:

  • The costs of the proposed improvements.
  • How they are to be financed, including details of any special contributions or loans by the body corporate that will be required for this purpose.
  • The estimated effect on levies and the need, desirability and effect of the improvements.

On receipt of notice from the trustees, any owner may request that the trustees convene a special general meeting to deliberate upon the proposals. At this meeting, the owners may, by special resolution, approve the trustees’ proposal with or without amendments. If any owner does request a special general meeting, the trustees may not proceed with their proposals until the meeting has been held. They are bound by the terms of any special resolution taken at that meeting. If they think owners may want to meet to discuss the issues, the trustees can save time by convening the special general meeting at the same time they give owners notice. If a meeting is called and no special resolution is taken approving the proposed improvements, The trustees may not proceed with the proposed improvements. If no owner requests a meeting within the notice period, the trustees are authorised to proceed with the improvements.

The body corporate can fund the project by:

  • Using reserve funds.
  • Raising a special levy if it is necessary that this is done before the next annual general meeting (“the AGM”).
  • The body corporate can include the expense in the next budget presented for approval at the AGM.

The cost of repair or replacement of the windows or doors (including garage doors) in the exterior section wall that forms a boundary between the sections and common property should then be split equally between the owner and body corporate.

If you require assistance with drafting the required documentation to authorise the replacement of windows then please contact us at consulting@paddocks.co.za or call 0216863950.


Article reference: Paddocks Press: Volume 13, Issue 5.

Dr Carryn Melissa Durham is one of the most highly qualified Sectional Title Attorneys in the country (BA, LLB, LLM and LLD), Carryn forms part of the Paddocks Private Consulting Division.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – May 2018 Edition.

29 Comments.

  • Hugh Brookes
    30/05/2018 14:41

    Would such an “improvement” also apply to installing “fibre” throughout the complex for telecommunication purposes? Or should that be paid for solely by those who want it? Many thanks, Hugh Brookes ( in Durban).

  • Bev Prinsloo
    30/05/2018 16:34

    Would the costs for repair / replacement to my exclusive patio sliding door still be shared

    • Paddocks
      14/06/2018 08:28

      Hi Bev,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks

  • Judie Stringer
    01/06/2018 15:44

    If owners responsible for interior repairs/maintenance of windows and doors and body corp. responsible for the repairs/maintenance of exterior of the windows and doors, why does 4th paragraph of article state ” ..Therefore, the expenses (which could include maintenance, repair and replacement costs) in regard to any window or door (including garage doors) in an exterior section wall should be split equally between the owner and body corporate.” I understand Body Corp and owner responsible for REPLACEMENT of windows and doors on 50/50 basis but also for REPAIRS AND MAINTENANCE on 50/50 basis? Thank you Id appreciate reply since we about to start of repairs & maintenance of our complex of which I am a Trustee trying to do the correct thing! Judie Stringer

    • Paddocks
      14/06/2018 09:05

      Hi Judie,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks

    • Hi Judie
      I think you have a point there – this cannot be correct. Outside the median line is for the BC to pay – inside the median line is for the owners to pay.
      Replacement yes – at 50/50.

      • Butch – have you any precedent of the ruling as such, i.e. not 50/50 for exterior repairs?

  • Alwyn du Plessis
    07/06/2018 11:01

    At our complex in Port Elizabeth Telkom installed a fibre network free of charge. If an owner wants to connect it is for his account

  • S Ellman-Brown
    21/06/2018 09:43

    In the circumstances where the wooden window frame is damaged by the exterior faulty rain gutters and the wooden frames are damaged outside and inside the unit, resulting in an insureance claim, why should the owner have to bear the responsibility repairing the inside of the window? When my ceiling was damaged by the leaking roof the insurance covered the repair to the ceiling – surely this is the same thing?

    • Paddocks
      06/07/2018 13:20

      Hi Shelley,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks

    • Hi Shelly
      When an outside problem affects the inside of a unit – then the BC has to fix the outside problem PLUS the inside of the unit.
      A cracked wall that goes through to the inside is a good example – this could be a foundation problem and the foundation is common property for the BC to repair.
      Butch

      • Not necessarily. If the crack is caused by earth movement, then it might be claimed via insurance. You need to consult a structural engineer for an opinion.

  • We would just like some clarity regarding an owner’s section vs Common property. For example, if any of the unit’s doors opens onto the owner’s section and not Common Property will the repair cost be for the owner?
    If your patio door is damaged and the patio door forms part of your own section and not Common Property, will the cost for the replacement / repairs then be 100% for the owner?

    • Paddocks
      07/11/2018 15:41

      Hi Jacqui,

      Thank you for your comment. We would love to help, however we do not give free advice. Here’s how we can help:

      – We offer a 1-week Free Basics of Sectional Title short course.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on 021 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes.

      Kind regards,
      Paddocks

  • If the rule states that no ball games are allowed and a child break a window by kicking the ball against the window, who is then responsible for the replacement of the cracked/broken window?

    • Paddocks
      06/02/2019 09:37

      Hi Debbie,

      Thank you for your comment. We would love to help, however we do not give free advice. Here’s how we can help:

      – We offer consulting via telephone for R490 for 10 minutes. Please call us on 021 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes.

      Kind regards,
      Paddocks

  • Marinda Joubert
    11/09/2019 14:18

    I have a gate between me and my neighbors, which is also the only access through my property to their garden. Due to time the concrete walls have moved and the space has shrunken and the gate can’t close anymore. I have requested the body corporate to install a new gate, but they say it would be for my cost. This gate was installed from developmenf and forms part of the boundary wall.

    • Paddocks
      13/09/2019 09:03

      Hi Marinda,

      Thank you for your comment. We would love to help, however we do not give free advice.We do offer private consulting. You’re welcome to send us an email at consulting@paddocks.co.za and we can provide you with a no-obligation quote.

      Kind regards,
      Paddocks

  • Let’s take a window installation as an example:
    I am sure I am just being difficult, but I read the above article very slowly, point for point, and if the interior is the owner’s liability (50% of invoice) and the exterior costs 50/50, then surely the ration should be 75/25.

  • A quick question please…the hinges on a few of our aluminium windows have broken. The type of window is a push out type. I would appreciate your advice before I approach the body corp.

    • Paddocks
      27/03/2020 10:37

      Hi Reinet,

      Thank you for engaging.

      That’s a great question. This is something our attorneys would be able to assist with. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • I’m in the process of buying a property in a sectional title and upon viewing the balcony had quick repair done as to prevent rain water from seeping backward into the lounge area and by quick repair they made a little cement circle around the area of the sliding door. I believe that the tiles on the balcony area is to be lifeted and slopes towards the water outlet when it rains and when viewed upon a day it was raining the water was not ruining outward but inward and there were cracks on the walls as well , what would be the way forward.

  • Hi. At our complex we have exterior (outward-facing) wooden windows and doors in the exterior walls that face out onto a patio that forms a part of the unit. These doors and windows have deteriorated to the point where they require replacement or major repairs. The Trustees have ruled that these doors and windows are not “external” as envisaged by the Act because they open onto the patio which is not common property and they say that the owners must pay 100% of the costs. Surely this is in contravention of the 50/50 principle envisaged by the Act?

    • Paddocks
      04/09/2020 12:24

      Hi Bruce,

      Thank you for your comment. This would be something that our legal team would need to assist with. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • I had to replace my wooden windows out of necessity (one was damaged and could not close), BC told me I will need to replace all the windows on that same wall. I wanted to switch to aluminum windows, but BC told me they will only pay 50% if I replace it with wooden windows. Is that within their rights to do so? Or must they pay 50% for aluminum as well?

    • Timothy Gliddon
      02/02/2021 09:50

      Hi Lee,

      Thank you for your comment. This would be something that our legal team would need to assist with. Please send all the relevant details to consulting@paddocks.co.za and the team will provide a no-obligation quote for their assistance with this query.

      Kind regards
      Paddocks Team

  • Mike janse
    23/04/2021 04:14

    I have av industrial unit with a gutter running through thhe centre of my roof, its visible form the to of the roof as well as the bottom and leaking into my unit who is reponsible for repai

    • Paddocks
      23/04/2021 16:50

      Hi Mike,

      Thank you for your comment. Please note that our legal team would need to assist with this query. Please send the details of the matter to consulting@paddocks.co.za and the team will provide a no-obligation quote for their assistance.

      Kind regards
      Paddocks Team