The common property is that part of a sectional title scheme which does not form part of any section. Examples of common property are driveways, parking bays and garages, private gardens and gardens, swimming pools, corridors, lifts and entrance foyers to name a few.
Some parts of the common property can be designated as exclusive use areas under section 27 or section 27a and allocated to a particular owner for exclusive use.
I live in a sectional title unit of 10. Each one has a garage attached to the unit and eight of us has a second free standing garage that we pay full levy on. We all pay for our own electricity on our unit, but the 8 garages has only one meter. That meter plus all the common property electricity get added to our complex reading and gets divided by 10 and gets paid by our levy. May I operate my tumble dryer from my outside garage as I pay full levy for the q2 meter on that outside garage
HI Tersia,
Yes, you can. But if you require additional installations, i.e. plug points, etc, you require trustee consent.
Hope this helps.
Michael
Hi there.
I live on the top floor of a sectional title block. We have just moved in afrer Buying the section.
I have a broken window that can only be replaced by using scaffolding or a cherry picker.
My question is, Are windows part of the common property and is it the BC’s responsibility to fix this?
Thank you in advance.
Hi Keith,
This is a bit of a tricky one. The cost is shared 50/50, so I what say the cost for installation will be shared on the same basis. It is a supply and fit cost.
Hope this helps.
Michael
Hi Michael,
Thanks for this service. Are buglar guards part of common property? We have some units that have buglar guards on the outside of their windows and others were buglar guards are on the inside of the unit. Some of the buglar guards on the outside are showing some signs of rust and would like to enquire as to whose responsibility it is to effect repairs – the BC or the owner?
Many thanks
Storm.
Hi Storm,
Thanks for your email. It is a pleasure. Well, this one is not that obvious. Although, they are mounted on the outer side of the median line, which makes them common property, they serve only one section.
In my opinion, they should be treated like the windows- a simple 50/50 split. However, inside burglar bars should be the owners responsibility entirely. It seems unfair, but they should not show signs of rust and decay.
Hope this helps.
Michael
Hi Michael, thank you that does help. If I may push my luck and ask another question.? Over 10 years ago several units began to experience leaks emanating from the roof (the complex is constructed with concrete slabs, including the roof). At that time, the BC decided that unit owners would be responsible for waterproofing their unit section of the roof and since then over half the 18 units have had this done. We are now beginning to notice that for units where the waterproofing has not been done, water is starting to undermine the tile border along the edge of the roof. I am not sure what our options are here. Can we “force” the units who have not waterproofed to do so? If the BC pays, the rest will want refunds which will be complex given that some of them waterproofed years ago and there have been changes in ownership. Any advice you can give on this one will be greatly appreciated.
Kind regards
Storm
I live in a complex with four units. Each unit has its own garage. If a garage door needs to be replaced, is it the responsibility of the body corporate or owner of that unit? I would assume the automation is the responsibility of the owner…
Please advise.
Anil
Dear Anil,
If the garage is a section, then the door is 50/50. It is assumed it is based on the median line and hence just like windows both parties have to pay. If you have a automatic garage door opener, that would be for your expense.
Hope this helps.
Michael
Dear Storm,
This is indeed difficult to answer. The roof is generally common property and therefore the responsibility of the body corporate. This is quite difficult to resolve now.
I suggest you get a quote for units and the whole roof and then assess your options.
Unfortunately, I cannot give any better advice now.
Thanks
Michael
Hi
The trustees are trying to build an additional driveway which will go directly past my proporty. The proposed area is on common property however this will mean that I will have cars looking directly into my property each time they drive past as well as doubling the traffic past my house. The only option is tpo raise to wall which will remove all light from my property. This addition will decrease the value on my propoerty by a great deal. What are my rights?
Dear Lan,
Thanks for your email. In order to convert the common property from a garden into a driveway, there is a certain process the trustees have to follow. I think it may require a special resolution, so you can formally object at the meeting or even better prior to the meeting canvass proxies to be able to influence the vote.
The other more expensive alternative, is to apply to the High Court for an urgent interdict against the resolution, because this may affect your propriety rights. This is expensive and the outcome is uncertain. You should definitely consult an attorney for the proper cause of action.
Hope this helps.
Michael
When I bought my unit it came with a garage for which I don’t pay a levy, does this mean it falls under the common property? And therefore any repairs to the garage is for the body corporate?
Dear Mandi,
Thanks for your email. No, it does not. You need to confirm the following:
1) Does the section number (if it is a section) correspond with the unit no you use. Often there is a mix up.
2) What you do own, i.e. is it a section, an exclusive use area after section 27 or 27a, or is it common property. This is most important to determine what you own and how you own it. There could be serious implications in terms of value, sale of your unit with or without garage.
It is best to get a copy of the sectional plan and your copy of the offer to purchase and check.
Please do so asap.
Michael
Hi Admin,
I got my electricity bill the other day and my consumption was 0. I asked the BC why, and they then called the meter readers and was told that the meter was not working for my unit.
The BC now tells me that i must get an electrician to come and fix/replace the meter at my expense.
Who should pay for the meter to be fixed? In the interim, I am using electricity and not getting billed for it.
Mark
Hi Mark,
Thanks for your email. Well, whose meter is it and where is it located? Just from my gut, I would say it is the body corporate is responsible for it. i am assuming the owner paid a special levy at one point to install all the meters at the same time.
If it is wear and tear. If you broke it, then it is obviously your responsibility.
You need to do some research, who paid for what in the past. Also, the location of the meter matters, too.
Hope this helps.
Michael
Hi Admin,
There was no special levies, these are the electricity meters for the units, the complex is only 6 years old, so they were there when the complex was built, and are not an “after fitment”
Each unit has one, they are all located on the common property and mine is about 60 meters from my unit.
We do not have access to these as they have to be read each month by the meter readers, so they are on the inside of the common property by the main gate.
How do you interoperate the following from the STA, this tells me the BC must pay for anything outside the medium of my walls, especially 37(1)(b), the last two sentences’
37 Functions of bodies corporate
(1) A body corporate referred to in section 36 shall perform the functions entrusted to it by or under this
Act or the rules, and such functions shall include?
(b) to require the owners, whenever necessary, to make contributions to such fund for the purposes of satisfying any claims against the body corporate: Provided that the body corporate shall require the owner or owners of a section or sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules made under the Sectional
Titles Act, 1971 (Act 66 of 1971), to make such additional contribution to the fund as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water
(o) to keep in a state of good and serviceable repair and properly maintain the plant, machinery, fixtures and fittings used in connection with the common property and sections;
(p) subject to the rights of the local authority concerned, to maintain and repair (including renewal where reasonably necessary) pipes, wires, cables and ducts existing on the land and capable of being
used in connection with the enjoyment of more than one section or of the common property or in favour of one section over the common property;
Hi Admin
I live on the first floor and have a balcony which only I can access. Is this common property? If so, do I then pay the levies for this balcony as well.
thanks
Jason
Hi,
I am renting out my complex and with the recent hike in electricity prices our tenant has argued that we the owners are responsible for the common property electricity charge.
Is this for the owner to pay or seeing as the tenant is living in the property are we right to be charging them.
thanks
Hi Shannon,
Thanks for your email. That depends on your lease. Some leases contain a lease allowing the landlord to pass on the year on year increases in rates, municipal charges, electricity, levies, and insurance to the tenant.
If your lease contains such a clause then you can. If not, you cannot.
Hope this helps.
Michael
Hi, we have a situation in our complex that I need some advice on. We have units that are attached together. They are attached 6 in a row, we have residents that live upstairs and downstairs. One of the owners have complained about dampness in his unit. We have investigated the dampness and found that it is on the interior walls between his wall and his neighbours.
We have asked the insurance to have a look at this and they told us in a report that the damp-proofing has failed or has not been done properly and that this is a maintenance issue. Bear in mind that this building is more than 15 years old.
The owner is now asking that the Body Corporate to bear this costs of the dampness and the replacements of the cupboards. I just want to find out if this costs is for the Body Corporate or for the owner.
I am a tenant in a sectional title unit for 2 months now. The owner has to date not drawn up a lease agreement, even though I’ve requested one. I have also not received any receipts for my rental payments or deposit. He did send me statements from the managing agent to himself. This reflects all the costs he has to pay. I queried the “common property electricity”, to which he said I am liable to pay. This was never mentioned in our verbal agreement regarding amounts payable. We agreed on water & electricity and the rent. He said we are liable for refuse and sewerage as well. There is also another fee for “basic electricity/network charges”, which they say I am liable for. Below is the email from the managing agent to the owner. Please tell what I am liable to pay. “The Basic Elec/Network charge is a Council charge that has to be divided between all the units at Prince George Park. The Council have installed an electricity demand meter (control meter) and this amount will fluctuate each month, depending on the electricity useage at the complex.
The common property electricity is for the outside lighting, electronic gates, electronic fence, security guard house etc. This amount is also divided between all the units at Prince George Park.
The owner pays the Body Corporate Levy and the Geyser Excess and the tenant pays all other charges as it is the occupant of the unit who is using these facilities. You are presently billing your tenant correctly.”
Do owners have to pay for materials?
Some of our flats have under cover parking and some garages. The trustees have decided to paint the outside surfaces of garage doors. They are contacting owners and asking if they wish to have their garage doors painted. They are telling the owners that they have to pay for all materials used and the body corporate will cover the cost of labour. The owners are ignorant of the STA regarding maintenance covering the common property. The garages on the scheme plans and title deed(s) are part of the units. So this is why the trustees are forcing the owners to pay for the materials. No floors or walls are being painted. Only the external surfaces of the garage doors.
All flats are exactly the same size except for flats with garages.
All flats with carports are 74 Sq/Mtr. With a PQ of 1.51.
Flats with garages range from 91 Sq/Mtr. With a PQ of 1.86 to 96 Sq/Mtr. With a PQ of 1.96
I am a garage owner with 95 Sq/Mtr. and a PQ of 1.94 and pay a monthly levy of R670.00.
Carport owners pay monthly levy of R503.00.
Please advise on what recourse garage owners have towards resolving this. Are there procedures that can be taken and if so can someone please give us some advice on how to go about this. The trustees are hostile towards any arguments that the B.C. cover the costs of materials being used and are charging the garage owners through their levy accounts.
Dear Clive,
Thanks for your email. From what I can understand in your email, the water ingress comes from the outside (so it is not a pipe, but for example the roof). As the insurance confirmed, it is a maintenance issue and hence the body corporate will have to pay for the repairs and the waterproofing (provided no one else has caused the leak, i.e. drilled holes to fix a dish, etc.).
You have to speak to your insurance again re the resulting damages, i.e. the cupboards.
I further suggest you inspect all 6 units to ensure the waterproofing is still working.
Thanks
Michael
Dear Gerhard,
Thanks for your email. It does not work that way. First of all, it depends if the garages are sections and the parking bays with the car ports are exclusive use areas. If the garages are sections, the outside (everything outside the median line) is common property and the body corporate is responsible to maintain those areas. For those sections, the owners pay a levy which should have covered all future maintenance. If the body corporate does not have enough funds, they need to raise a special levy.
If the carports are exclusive use, then the owners who own the right must pay 100% of the maintenance.
Hope this helps.
Michael
Hi
Please advise – i recently moved into a flat. The door leading to the common property (complex garden) has been locked by the trustees. Is this allowed? They have not given any reason for restricting access to this area.
Also can you advise on:
1. if an individual owns 16 of 35 units, how many votes does he have?
2. what domestic effluent? and what is the average cost per month?
Hi I live in a sectional title complex I want to know about renovation inside my home.Am I able to add an extra bathroom? if I am allowed, what about pipes that have to be connected on the outside. Please help!
Good day
I need to know if I am aloud to install a shower in an existing bathroom ?
Hi Michael
Damp seepage cause by common property drain pipe.
We have had a problem since we bought. I have spent R80 000 on repairs and resealing the roof garden, as the body corporate has insisted that the damp is inside our home.
The work is gaurenteed, but we have damp sepage starting in our spare bedroom below the roof garden once again.
After calling the business who did the repairs to come and rectify the problem, we’re told that the problem was with common property drainage system that is leaking into the wall, causing damp to saturate the wall and cause our problem.
We have mentioned this to the body corporate on a number of ocations even sent mails to no avail. Our problem still persists and Angor Propery Management have chosen to ignore this problem.
The contractor is more than willing to sort the problem once Angor have come up with a solution for repairing the common property. Angor have not responded and the damp is starting to degrad the wall. What do we do….and how do we get through to the managing agent? Am I able to claim later for the damages already caused by this pipe and is angors to blame for their blatent disregding of all previous communication related to this specific damp issue. As you can imagine we are very upset with the situation.
Hi there,
Is it ok for a body corporate to charge members of the body corporate for parking in the visitors’ parking bays? While many people in my complex can fit more than one car in their unit parking, many can only fit one. Those people then park in the general parking available for visitors over night.
People have been charged a monthly ‘rent’ for parking in these bays but most people voted against this at the only AGM where it was discussed. Nevertheless the charges continued.
1. Is this legal and 2. can the trustees continue with this charge even if owners voted to discontinue the charges?
Hi Zak
You have every right to access the common property. You either need a key or they should unlock it. Ask for a copy of the complex rules and for a reason for the garden gate being locked. Sometimes if you just ask you find out that the trustees have a great reason and they will willingly help.
1. That person has 16 votes because they own 16 sections. Micheal can confirm that though.
2. Effluent is the sewerage that is leaving the unit or the complex. The municipality has the rates and you can get them from them. That cost is also included in other rates you pay the municipality. The City of Johannesburg Amendment of Tariff Charges for Sewerage and Sanitary Services on 1 July 2011 states that the charge for flats will be “R86.20 per unit per month.”
Dear Micheal
Please reply to our questions? We really need the answers and we would really appreciate it!
Elizabeth
I live in a sectional title but there are only two units. The third property is a real right. The sectional title register is still open and will only be closed once unit 3 is built
( this is not likely to happen since the owners are desperate to sell).We want to buy this property..
Anyway, my question is as follows:
When we purchased our unit we were advised that we have sole access to the driveway. The other unit owner has access from the next street and he was quite happy. In fact there is no entrance from my unit to the other unit. We have no Body Corporate in place. We pay our owner rates, water and lights etc.
This other unit was sold in the beginning of Dec 2011. The new owners did not make contact with us to ask about entrance to their unit from our driveway before purshasing. Their unit has now been registered and now they want to know if they can obtain access to their unit from our driveway. I did advise them this will be impossible because we dont have much area in front of my unit to create a driveway and this will put my safety and security at risk. I will have vehicles driving by at anytime with no privacy and my property value will be affected. I dont understand why this is a problem when they have their own driveway from the next street.
Please advise what are my rights and should I obatin leagl advise.
Thank you for your assistance.
I own a unit in a complex of 9. My roof has begun to leak during heavy rain storms. I submitted 3 quotes from reputable roofing repair contractors to the Chairman of the Body Corporate. He has come back saying they will not repaire it because it is not covered by the insurance. Am I correct in thinking that the roof forms part of the ‘common property’ and the repairs should be covered by the complex levy?
Regards
Jim
Dear Jim,
Thanks for your email. You are absolutely correct. The roof is common property and the body corporate has to repair it.
Hope this helps.
Michael
Dear Lynette,
Thanks for your email. You said you were advised? How? What you refer to is a real right called way of right and is a servitude which needs to be registered via a notarial deed at the deed office. Anything else, means nothing.
This is valid for you and the new owner. Hence you need to check your sectional plan and your title deed to confirm if there are any restrictions.
I suggest you consult a conveyancing attorney to perform a deeds search and confirm which rights, servitudes, and notarial deeds or other rights were registered.
Hope this helps.
Michael
Hi
I have just bought a sectional title flat. The garage for my unit is adjacent to the unit. Do I require permission to convert the garage into another bedroom by replacing the garage door with a sliding door and breaking a doorway into the flat?
I have read the house rules for the complex but could not see any rule which would require permission for such a conversion.
Regards Werner
Hi Werner,
Thanks for your email. You always require consent from the trustees w.r.t to renovations and alterations to your unit. With the latest changes to PMR 68 (v), you will have to consult the sectional plans w.r.t use of the section you plan to convert.
You also need to provide compliance certificates for electricity and plumbing if changes are made.
If you convert a garage into a flatlet, then you will require parking. Is there another 1 or parking bays for you?
You need to understand the side as well. If every owner would convert, there would be no parking left.
Hope this helps.
Michael
1. Can an individual nominate himself to serve as a trustee.
2. How do we determine whether a garage built with brick & mortar is a section or common property. Garages in this complex are detached from the main building of the unit and whilst owners with garages paid more for the units same is not registered in the deed of title. same is also not shown on surveyor plans
3. who is responsible for repairs to balconies that have water ingress and are damaging patios below.
Hi, can the body corporate, without my permission, allow painters/tiler onto my property to access the balcony of which I have exclusive use without my permission? What are my rights in terms of security when an incident like this has happened? It seems as if the act doesn’t allow for my rights to security and privacy?
Dear Retha,
Thanks for your email. They have the right to enter your sections or exclusive use areas according to section 44 (1), but need to advise you and obviously give reasonable notice.
Hope this helps.
Michael
Hi
Could you please tell me if i am responsable for a common property electricity charge as a tenant. There is no mention of this in the lease agreement. I am also getting billed for water usage which is based on a total complex usage divided by the number of units. It does not say in my lease I will have to pay for water usage.
I thought these costs were covered under the BC levy. The landloard claims that there were new laws past last year that allow him to do this, however I cant find anything anywhere that gives him this right, and the lease agreement does not mention that I will be liable for these expenses.
Regards
Chris
Dear Chris,
Thanks for your email. There is no new law passed. It is on agreement in the lease. If you signed and agreed to those terms, you are liable.
If not, then won’t have to pay.
Hope this helps.
Michael
Hi,
One of our windows was chipped some time ago by a stone that was thrown up when the gardener was using the weed eater. We did not worry about it a while when we first noticed it due to my daughter being very young. My daughter is now in preschool and so are her friends. I have asked the trustees to repair / replace the window, and have not received positive feedback. The trustees have said that we should have advised as soon as the window was damaged, and refuse to replace the window.
they have now sent a letter around advising that owners need to inform the trustees as soon as damage has taken place.
My question is, what are my next steps to get the window replaced as even though it was reported late, the damage was caused by staff of the Cody Corporate.
Thanks,
Garreth
Hi
I own a unit in a sectional ttile. I have stored excess furniture in my garage that is attached to my unit. I now received a letter from the management agent requesting that I remove the funriture from the garage with a deadline and have also been told to provide them with the number of people living in the unit. Directly in front of this garage I also have two parking spaces which I am using to currently park my cars.Do they have a right to ask to remove my excess furniture and only park my cars in the garage and also to ask me how many people staying in my unit? They have told me in the letter that they will be taking legal action should I not comply. Please advise it would be greatly appreciated.
I own a top floor unit which overlooks the back of a garage,the garage has extended there back end and cut away the trees which once blocked this view,I have asked the trustees if they would approve me raising my balcony wall by 1meter in height in order to block this view and give me privacy,they inturn approved it on conditon I get a structural engineer out to approve the load on the wall if raised,I did so and it was approved by the engineer,,I then commsioned and payed an enigneer along with a builder to buy the stock etc for the worknthey did and when they arrived the trustess stopped the truck and sent them back stating they now want me to submit plans for council approval and get the enginner to approve all four other top floors units as they must all look the same…..they did not make any mention of this on there intitial approval and had they of I would not habe gone ahead and commissioned a builder and a enigneer at my cost to do the work,what are my rights?
Dear Asaf,
Thanks for your question. Well, the fact is you need building plan approval and your builder as well as your engineer should have told you that and submitted plans.
Remember, you building on common property and if this is structurally sound and not approved by the municipality, the trustees may face public liability claims if something goes wrong and may be held personally liable, if the insurance discovers the change in risk and as a result repudiates the claim in case something happens.
You need to comply with your relevant by-laws and get approval.
Hope this helps.
Michael
Dear Yolunda,
Thanks for your email. Since 2010, the prescribed management 68 (vi) was amended to say that you may only use your sections or exclusive use areas for that purpose as stipulated in the sectional plans. In your case, a garage is a garage to park a car and not store goods. Therefore, the trustees are correct in enforcing the rules.
You will have to remove your goods and store them elsewhere.
W.r.t the number of people that depends what your conduct rules say and what your local by-laws say. If there is a restriction, i.e. 2 per bedroom or 5 per bathroom or kitchen sink, you have comply.
Hope this helps.
Michael