Body Corporate vs. Unit Owner Maintenance Responsibilities

Living in a sectional title scheme requires a clear understanding of who is responsible for what maintenance. This guide outlines the maintenance responsibilities of both the Body Corporate and Unit Owners within a sectional title scheme.

1. Responsibilities of the Body Corporate

The Body Corporate is responsible for the maintenance, repair, and upkeep of the common property. This includes:

1.1 Common Property

• Roofs of buildings
• Exterior walls, including painting and waterproofing
• Structural integrity of the buildings
• Foundations
• Boundary walls and fences
• Communal gardens and landscaping
• Communal plumbing, drainage, and sewage systems
• Communal electrical systems (e.g., exterior lighting)
• Shared driveways, walkways, and parking areas
• Lifts and elevators (if applicable)
• Fire safety equipment in communal areas
• Security infrastructure (e.g., gates, intercoms, CCTV, fencing)
• Gutters

1.2 Costs Covered by the Body Corporate
The cost of maintenance and repairs of common property is covered by the Body Corporate's levy contributions collected from unit owners.

2. Responsibilities of the Unit Owner

2.1 Inside the Unit
• Interior walls, ceilings, and floors
• Internal plumbing (e.g., taps, toilets, showers)
• Electrical wiring inside the unit
• Hot water systems (geysers) - excess payments only when claims are made
• Air conditioning and heating systems
• Doors and windows (internal and external) – refer to specific responsibilities below

2.2 Exclusive-Use Areas
If a unit has an exclusive-use area (e.g., a garden, balcony, patio, or parking bay), the unit owner is responsible for its maintenance unless otherwise stated in the body corporate rules.

2.3 Costs Covered by the Unit Owner

All maintenance and repairs within the unit are at the owner's expense, unless caused by a common property issue (e.g., a leaking roof causing damage inside the unit).

3. Specific Responsibilities for Doors and Windows

3.1 Exterior Windows
• Repairs (e.g., broken glass, faulty window frames): Responsibility of the Unit Owner
• Painting and waterproofing: Responsibility of the Body Corporate
• Window putty repairs may be split 50/50 between the Unit Owner and the Body Corporate as they fall under both waterproofing and structural maintenance

3.2 Exterior Doors (Main Entrance to Unit)
• Repairs and replacements (e.g., locks, hinges, door panels): Responsibility of the Unit Owner
• Painting and maintenance of external surfaces: Responsibility of the Body Corporate
• Some repairs may be split 50/50 between the Unit Owner and the Body Corporate

3.3 Sliding Doors and Balcony Doors
• Repairs (tracks, rollers, locks, glass replacement): Responsibility of the Unit Owner
• Waterproofing and structural integrity: Responsibility of the Body Corporate
• Some repairs may be split 50/50 depending on the nature of the damage

4. Special Cases and Exceptions
• If damage to a unit is caused by a Body Corporate failure to maintain common property (e.g., a leaking roof leading to internal ceiling damage), the Body Corporate may be responsible for repairs
• If a unit owner causes damage to common property (e.g., breaking a communal security gate), they may be held liable for the cost of repairs
• The Body Corporate's insurance policy may cover certain damages; however, owners should verify what is covered under the policy

5. Dispute Resolution
If a disagreement arises regarding maintenance responsibility, the issue should be referred to the trustees of the Body Corporate or the managing agent. If necessary, disputes may be resolved through the applicable Sectional Title regulations or the Ombudsman.

Important Notice: This article represents Chili Property Management's interpretation of typical maintenance responsibilities in sectional title schemes. Always refer to your specific Body Corporate's Management and Conduct Rules for any scheme-specific regulations. For legal matters, please consult with qualified legal professionals.

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This blog post is brought to you by Chili Property Management, your trusted partner in body corporate management in Windhoek, Namibia.