My Rights vs Body Corporate

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Stevie G

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Hi Guys

Just wanted to know where i stand w.r.t. my rights as an owner on of a town house which is controlled by the Body Corporate. My front door needs to replaced urgently as i have been struggling with the BC to replace the door for the past 4-5 months. When it rains, the water comes through the door and goes onto the tiles in the kitchen. I then have to put newspapers and towels at the back of the door to stop the water from running on the floor.

They want to fit a sub standard outdoor door worth about R800-R1000 that will not last that long. It is an outside door, but you can clearly see that it will not withstand the weather when facing the direct sun or rain. They have told me that all the owners in the complex have the exact same doors, which was previously used. I have noticed that some people have different doors on. I have done research i found out that a proper meranti sold door will cost in the region of R2000.

Where do i stand w.r.t. the door story. I have complained with the Managing Agents too, but all my emails is falling on deaf ears as nothing gets done. All i hear is that the door is conducive for outdoor use.

Hopefully someone can advise me on what steps to follow in taking this matter further.
 
So when you say through the door, I am going to guess running underneath the door?

which if that is the case i think the problem falls on you to resolve.

if the door is actually faulty then the body corporate should foot the responsibilty.

And lastly does it really matter if they replace it with a sub standard door, as long as it does the trick and stops the water problem solved and if it only lasts for 3-4 years they get to replace it again!
 
Wait... if the problem is that the water is flowing on to the door then that is a BC issue, they need to fix that first.

Then it wont really matter what door you get.
 
The door has cracks in it and you can see right through it. the water rains on the door and then it goes through the holes and then onto the floor. why should i pay anything as i pay levies already!
 
The door is facing the road. if it was the back door facing the yard then its a different proposition altogether.
 
Stevie G said:
So you saying i should pay twice. whats the use of having a BC then in the first place.
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You pay the body corporate to maintain the common property. If you were in a free standing house you would have paid maintenance yourself as well as the insurance etc...

Regarding the door - the act stipulates that the Body Corporate is responsible for the outside and you for the inside (same for windows) So it will be a 50/50 split. However you can request to install the more expensive door as long as it looks like the others and does not change the outside appearance. The BC will then pay 50% of "cheap door" price eg R500 and you the balance...

Good luck - its the joys of communal living...
 
It is my understanding is that the exterior of your unit is the responsibility of the body corporate, as they usually like to keep the spec of the complex uniform. It is possible though that the rules agreed by owners might put a different slant on things. So the question is whether the door they are trying to fit is exactly the same as others?

In our BC owners have all put in their own doors and fancied things up like they want, but with special permission.

A possible solution you could investigate is the possibility of you paying the difference between the door they want to fit and the door you want. Just a thought?
 
dont know if Paddocks update the doc but the act changed in July of this year
 
It's various options dealing with a body corporate, it would apply regardless of the act change. Also, if it's a free standing house, the door would be his responsibility, if an apartment, the sectional titles act applies, hence the question.
 
Stevie G said:
Hi Guys

Just wanted to know where i stand w.r.t. my rights as an owner on of a town house which is controlled by the Body Corporate. My front door needs to replaced urgently as i have been struggling with the BC to replace the door for the past 4-5 months. When it rains, the water comes through the door and goes onto the tiles in the kitchen. I then have to put newspapers and towels at the back of the door to stop the water from running on the floor.

They want to fit a sub standard outdoor door worth about R800-R1000 that will not last that long. It is an outside door, but you can clearly see that it will not withstand the weather when facing the direct sun or rain. They have told me that all the owners in the complex have the exact same doors, which was previously used. I have noticed that some people have different doors on. I have done research i found out that a proper meranti sold door will cost in the region of R2000.

Where do i stand w.r.t. the door story. I have complained with the Managing Agents too, but all my emails is falling on deaf ears as nothing gets done. All i hear is that the door is conducive for outdoor use.

Hopefully someone can advise me on what steps to follow in taking this matter further.
Click to expand...

Quick question, do you have a front yard ,"exclusive area" or does the common property start at your front door?

If any maintance is within your "exclusive area" including the town house it is for your account.
But query the BC insurance policy of the complex and see if you can claim it against that.

Is the water comming in under the door or actually seeping through the physical door itself?
 
i have a lawn in fornt of my place with a little drive where i park my car. i then have a small enclosed area in front of the kitchen and next to it is my front door enclosed with burglar bars.

when it rains, the water goes on the door and then goes through the holes and then it drips down onto my kitchen tiles
 
Stevie G said:
i have a lawn in fornt of my place with a little drive where i park my car. i then have a small enclosed area in front of the kitchen and next to it is my front door enclosed with burglar bars.

when it rains, the water goes on the door and then goes through the holes and then it drips down onto my kitchen tiles
Click to expand...

From what you've explained, it sound like that area falls under your exclusive use area. Query the BC about claiming it of the BC insurance, as the BC should have structual insurance on your unit.
As the door is a structual fixture of the unit, you might get away with this.
I am curiuos to know where they are asigning the current offer of your door to. e.g maintaince budget etc

This also goes for thing like your guiser failing/roof leaks etc, one can claim it against this, but always check with the BC.
 
Also check with your bond holder as they also tend to take out structual insurance on the unit , which is bundled into your Bond.
and you might be able to claim the door through that.
 
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