Question:
About three years ago there was a leak in my flat which resulted in my ceiling and walls being damaged. Further to that, when workers contracted to the body corporate were in the process of repairing the roof they caused more damage to the ceiling.

Now the roof has started leaking again and I reported it to the chairman who has done nothing.

What can I do to try and resolve these issues?

Answer:
In terms of section 44(1) (c) of the Sectional Titles Act 95 of 1986 ('the Act') it is your responsibility as an owner to repair and maintain your section and in terms of section 37(1) (j) of the Act it is the body corporate’s responsibility to repair and maintain the common property.

Therefore, as the owner of your section, it is your responsibility to repair your damaged ceiling and it is the body corporate’s responsibility to repair and maintain the common property roof.

However, in terms of the law of delict, if as a direct result of another’s action or omission you have suffered damage, you are entitled to be compensated for that damage from the wrongdoer. This means that if you can show that as a direct result of the body corporate’s failure to properly repair and maintain the common property roof and that as a direct result of the body corporate’s contractor’s negligence you suffered damage to your ceiling, the body corporate will be obliged to compensate you for that damage.

Your first step is to notify the trustees as well as the scheme’s managing agent, if it has one, about the damage to your ceiling and request them to arrange the repairs to the roof and to your ceiling. Make a note of this request.

If they fail to take any action despite your request then your next step is to write them a letter of demand, demanding that the roof and damage to your ceiling be repaired, failing which you will institute arbitration proceedings against the body corporate.

If that still doesn’t work, then your next step is to declare a dispute with the body corporate in terms of prescribed management rule 71. If the dispute is not resolved within fourteen days then you may refer it to arbitration for resolution by an arbitrator.

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