SECTIONAL TITLES: Who’s Responsible? Body Corporate vs. Unit Owner Duties in Sectional Title Schemes

Buying into a sectional title scheme can be a smart investment, whether you’re looking for a lock-up-and-go lifestyle or diversifying your property portfolio. But one of the most common sources of confusion (and disputes) among owners is understanding who is responsible for what when it comes to maintenance, repairs, and costs.

If you’re an owner or considering buying into a scheme, here’s a practical guide to help you understand where the lines of responsibility are drawn between the body corporate and the individual unit owner.

The Role of the Body Corporate

The body corporate is the collective of all owners in the scheme. It is responsible for the management and upkeep of common property (outside the unit).

This includes:

• Roofs and external walls of the buildings.
• Common property gardens, driveways, walkways, and parking areas.
• Boundary walls, gates, and security systems.
• Pipes, wiring, and structural elements that serve more than one unit.
• Maintaining a reserve fund for long-term repairs and upgrades.

The Role of the Unit Owner

As an individual unit owner, you are responsible for the maintenance and repair of the inside of your section. This generally includes:

• Interior walls, ceilings, and flooring (tiles, carpets, laminates).
• Windows and doors (frames, locks, and glass).
• Plumbing, electrical fittings, and appliances that serve only your unit.
• Exclusive-use areas (gardens, patios, or balconies) if allocated to your section.*
• Any improvements you make inside your unit (built-in cupboards, upgrades, air conditioners, etc.).

*Depending on the structure of your complex’s Sectional Title Scheme, the body corporate or you, as the owner, are responsible for the garden of your unit. Finding out whether your garden is part of the your exclusive use area, or falls under the common property, would be a good idea to confirm.

Owners are also expected to comply with the scheme’s conduct rules (Homeowners Association Rules) and to promptly report any issues that may affect common property or other units.

Grey Areas That Cause Disputes

Sometimes the line between responsibility is not clear-cut.

For example:

• Balcony Leaks: Is it the owner’s responsibility (because it’s attached to their unit) or the body corporate’s (because it’s part of the building’s structure)?
• Roof Leaks: The roof is typically the body corporate’s responsibility, but any damage inside your unit caused by the leak may fall on you.
• Garden Maintenance: If you have an exclusive-use garden, you may be responsible for day-to-day upkeep, but structural repairs (like a collapsing boundary wall) would be for the body corporate.

These issues are often resolved by referring to the Sectional Titles Schemes Management Act (STSMA), the scheme’s registered rules, and case law. A suggestion would be to send through any enquiries on these matters to the Body Corporate for upfront clarity on any questions you may have. The more you know, the better.

The Purpose of Levies in a Sectional Title Scheme

To carry out responsibilities the body corporate collects a monthly levy from each owner. Levies are not simply an added cost - they are the financial backbone that ensures the scheme runs smoothly and safely.

Your levy typically covers building insurance, garden services, cleaning of common areas, general maintenance, and contributions to the reserve fund for major repairs. Importantly, levies also fund the security of the complex, from access control and perimeter fencing to CCTV cameras and guards (subject to what security elements your scheme has implemented). This helps to create a safer living environment for all residents.

By paying levies, owners are not only maintaining the value of their property, but also contributing to a more secure and well-managed community.

Why This Matters for Owners

Understanding responsibilities upfront provides not only clarity and peace of mind, but it can help you:

• Budget accurately for levies and maintenance costs.
• Avoid unnecessary disputes with trustees or neighbours.
• Protect your investment by knowing which improvements and repairs are covered.
• Ensure compliance with the scheme’s rules and South African law.

Purchasing A Property in a Sectional Title or having a Dispute?

Our dedicated Conveyancing Team is here to assist you with any questions you may have, including assisting you with the legal processes involved when purchasing your next Sectional Title property.

We walk you through the process, handling all of the required Legal Administration surrounding your Sectional Title property purchase, as well as being available on-hand to assist you after your purchase with any enquiries you may have regarding legal matters which may arise.

Contact us today.

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This article is not intended to constitute any form of financial or legal advice.

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You might also be interested in reading one of our recent articles, Understanding Sectional Titles in South Africa.