Question:
The sectional title scheme in which I live is comprised of free standing units. To my knowledge the exterior of a unit constitutes common property.

About six months ago, and with the body corporate's permission, I painted the exterior of our unit at my cost.

As and when the body corporate decides to raise a special levy for the purpose of painting other units, will I be entitled to a 'credit' by virtue of having painted my unit (which the body corporate would have had to do anyway)? I have not found anything in the Rules about this.

Answer:
You are correct in saying that the exterior of your section is common property. In terms of section 5(4) of the Sectional Titles Act 95 of 1986, you own your section to the median line or midpoint of its floors, walls and ceilings and, as the sections in your scheme are freestanding, the 'outer-skin' of your section (outer part of the walls, the roof and the foundations) is common property.

It is the body corporate's responsibility to repair and maintain the common property including the responsibility to paint it when necessary and on this basis an owner should not attend to maintenance such as painting the exterior of his section.

However, you mention in your question that you painted the common property outside of your section with the body corporate's consent. In light of this consent I would advise that if the body corporate raises a special levy for the purpose of painting the exterior of the sections in the scheme you would be entitled to a credit in the books of account of the body corporate for the reasonable cost of painting the exterior of your section. It would be unfair if the body corporate refuses to grant you such a credit as it gave you consent to carry out this maintenance to the common property and you would effectively be paying for the painting twice whilst only benefitting from it once.

If the body corporate does raise a special levy for painting as described above and refuses to grant you a credit in the body corporate's books of account for the reasonable costs of painting the exterior of your section, do not withhold your portion of the special levy. This is not the correct remedy and could lead to a large amount of interest accruing on the capital amount.

Your remedy would be to pay the portion of the special levy apparently owed by you and then to dispute your liability for this amount by declaring a dispute with the body corporate in terms of prescribed management rule 71.

If the dispute is not resolved within 14 days of the body corporate's receipt of the notice of dispute, you can refer the matter to arbitration for resolution by an arbitrator.

www.paddocks.co.za

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