Q&A – 2021 03

By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Who pays for maintenance of a sliding door that is entirely within a section?

Member’s question:

Good day Paddocks,

In a particular body corporate, the balcony forms part of the section. The section line extends to the edge of the balcony. The sliding door has fallen out due to a structural defect in the building.

As the balcony is part of the section I believe the sliding door is the responsibility of the owner?

The sectional title plan clearly states that the section boundary ends on the outside of the balcony thus incorporating the entire balcony and balustrades. What is your opinion on the door?

a. owner cost
b. 50/50?

Regards

Graham’s answer:

Dear member,

Yes, if the sectional plan shows that the balcony is all part of the section, right to the edge of the balcony, and the door is not in a section boundary wall but entirely in the section, then I agree that its repair and maintenance will be entirely for the owner’s account.

However, if the owner can show that the damage to the door is the result of a failure of the building foundations or other parts of the common property to provide the support they were designed to give then the owner, while responsible for the costs, will have a claim against the body corporate for the repair of the damage caused by the common property’s malfunction.

Regards,
Graham

Can a tenant be nominated as a trustee without the landlord’s permission?

Member’s question:

Good day Paddocks,

If an owner wishes to nominate a tenant as a trustee, must they first get permission from the tenant’s landlord?

I would imagine that the landlord would need to give the tenant a proxy?

Graham’s answer:

Dear member,

No. There is no requirement for any such permission. A proxy would be appropriate for owner meetings if the owner wants the tenant to be able to speak and vote at such a meeting, but if the tenant is elected a trustee, s/he will not need any authority from his/her landlord to act as such.

Regards,
Graham


Article reference: Paddocks Press: Volume 16, Issue 3.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – March 2021 Edition.

Source: https://www.paddocks.co.za/paddocks-press-newsletter/qa-2021-03/

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