Sectional Title Responsibility

[Agent_B]

Hi all.

I am a trustee who lives in a sectional title complex. when it comes to windows quite a few owners have decided to replace their wooden windows with aluminium windows at their cost. according to the sectional titles act a window is part of the median line so the responsibility of maintenance is 50% body corporate(Outside), and 50% owner(Inside). however in our complex due to the complex not having sufficient funds a resolution was passed that the external painting will be the owners responsibility. The problem we have is that some owners are not painting their unit or do not paint properly. due to the wooden windows not getting painted properly the wood gets wet and causes the wood to rot requiring the windows to need to be replaced.

my opinion is that if it was normal wear and tear needing the window to being replaced this would definitely be 50/50cost. But if a specific reason can be found that causes the window to need to be replaced, then the person who is responsible for this failure shall bear the sole cost of the replacement. in this case the owners did not paint/seal the wood sufficiently causing the wood to rot and the window needing to be replaced. So in my opinion the Owner will need to replace the window of bear the cost of this.

Can someone with sectional title knowledge please advise if I am correct or point me to where I can find out?

 

[Steamy Tom]

I thank the lord everyday I do not live in a complex. Amen.

 

[Agent_B]

Although it has some benefits, it is a total headache. Do not think I will ever buy in a complex again. Current bank balance is R304 000.00 arrear levies is R1 500 000.00. legal action going on for years with no result.

 

[ScottulusMaximus]

Rules or resolution can't override the ST act. The outside of a unit is BC responsibility which includes the frames.

The BC should be maintaining the wooden frames, so you have no leg to stand on asking owners to pay for the replacement due to lack of maintenance.

 

[WAslayer]

Ja.. don't really think it matters in any way whatsoever who has to pay for what here.. if levies are not being paid and legal action has been going on for years with no success, nothing else really is going to make people pay for the windows themselves..

Sell and get the hell out of dodge...

 

[Agent_B]

Rules or resolution can't override the ST act. The outside of a unit is BC responsibility which includes the frames.

The BC should be maintaining the wooden frames, so you have no leg to stand on asking owners to pay for the replacement due to lack of maintenance.

So you are also saying that we are responsible for the painting of the units as well? We do not have the funds for this. Painting the Complex will cost R750K. we only have R300K in the bank account an min reserve will be R160K.

We try make a special levy and owners do not pay. before the current trustees time The complex was bankrupt and this was the reason the special resolution was passed that owners will paint their own units. we still do other maintenance as in structural repairs, roof leaks etc. everything but the painting.

 

[Agent_B]

Ja.. don't really think it matters in any way whatsoever who has to pay for what here.. if levies are not being paid and legal action has been going on for years with no success, nothing else really is going to make people pay for the windows themselves..

Sell and get the hell out of dodge...

Had I known when I purchased my unit!

 

[supersunbird]

So you are also saying that we are responsible for the painting of the units as well? We do not have the funds for this. Painting the Complex will cost R750K. we only have R300K in the bank account an min reserve will be R160K.

We try make a special levy and owners do not pay. before the current trustees time The complex was bankrupt and this was the reason the special resolution was passed that owners will paint their own units. we still do other maintenance as in structural repairs, roof leaks etc. everything but the painting.

Then the situation must stand as is until the owners pay the special levy.

 

[zerocool2009]

The windows part. Its 50/50 on wood. Going aluminium -> 100% for the owners. We had a sgm on voting if aluminium would be allowed (same color ofcourse)

Related to arrears: change managing agents. Pm me (I found a new MA doing magic... and they aint an arm or leg)

 

[WAslayer]

Ja.. don't really think it matters in any way whatsoever who has to pay for what here.. if levies are not being paid and legal action has been going on for years with no success, nothing else really is going to make people pay for the windows themselves..

Had I known when I purchased my unit!

Always check financials when looking at buying into a sectional title.. if you ask, they have to provide it..

But yes, resolutions do not override the ST act and the body corporate remains responsible for the maintenance..

Are you making use of a managing agent or doing the managing yourselves as trustees..? We never had rampant levy debt as our managing agents were on top of everything in that regard.. if you are using a managing agent, might be time to look for someone knew..

 

[Kosmik]

The windows part. Its 50/50 on wood. Going aluminium -> 100% for the owners. We had a sgm on voting if aluminium would be allowed (same color ofcourse)

Related to arrears: change managing agents. Pm me (I found a new MA doing magic... and they aint an arm or leg)

As has been said, you cannot contravene the act, no matter what was agreed or stipulated. An owner can reject and just pay 50% for a window.

 

[ScottulusMaximus]

So you are also saying that we are responsible for the painting of the units as well? We do not have the funds for this. Painting the Complex will cost R750K. we only have R300K in the bank account an min reserve will be R160K.

We try make a special levy and owners do not pay. before the current trustees time The complex was bankrupt and this was the reason the special resolution was passed that owners will paint their own units. we still do other maintenance as in structural repairs, roof leaks etc. everything but the painting.

So you are also saying that we are responsible for the painting of the units as well?

Absolutely YES.

We do not have the funds for this. Painting the Complex will cost R750K. we only have R300K in the bank accoun

Shem....

We try make a special levy and owners do not pay. before the current trustees time The complex was bankrupt

Sort it out, this is your responsibility as a Trustee.

special resolution was passed that owners will paint their own units. we still do other maintenance as in structural repairs, roof leaks etc. everything but the painting.

Again, you can't just hand off legal responsibility. A rule does not supercede the act.

 

[chrisc]

An apartment building in which I have 3 units decided to replace steel windows with aluminium. The contract was worth R1.12m. The contractor did about 2/3 of it and it was found that 15% of the windows did not fit the frames properly, mainly too short and he was asked to fix this.

His response was to abandon the job. Another contractor finished the job and the original one was asked to pay the extra, amounting to R140k. This ended up in court and despite losing the case, he has not paid 1c as ordered. The managing agents’ attorneys seem weak-willed and delay collecting the money. The trustees are no better, no backbone at all.

 

[Agent_B]

Absolutely YES.



Shem....



Sort it out, this is your responsibility as a Trustee.



Again, you can't just hand off legal responsibility. A rule does not supercede the act.

Thank you for the sarcasm,

I wish it was as easy as you make it sound. Maybe if you know so much can then please give advise how we can achieve what you say legally? I would be really happy if the law could sort this out so that we can do as you say. and everyone paid their levies or the courts would assist us. We even changed lawyers and trying to pressurize the sheriff to get the levies owed back so the we can do everything we need to. The owners here just dont give a damn.

 

[Lupus]

An apartment building in which I have 3 units decided to replace steel windows with aluminium. The contract was worth R1.12m. The contractor did about 2/3 of it and it was found that 15% of the windows did not fit the frames properly, mainly too short and he was asked to fix this.

His response was to abandon the job. Another contractor finished the job and the original one was asked to pay the extra, amounting to R140k. This ended up in court and despite losing the case, he has not paid 1c as ordered. The managing agents’ attorneys seem weak-willed and delay collecting the money. The trustees are no better, no backbone at all.

Trustees are appointed by the owners, appoint new ones if you don't like the way they run things.

 

[Agent_B]

An apartment building in which I have 3 units decided to replace steel windows with aluminium. The contract was worth R1.12m. The contractor did about 2/3 of it and it was found that 15% of the windows did not fit the frames properly, mainly too short and he was asked to fix this.

His response was to abandon the job. Another contractor finished the job and the original one was asked to pay the extra, amounting to R140k. This ended up in court and despite losing the case, he has not paid 1c as ordered. The managing agents’ attorneys seem weak-willed and delay collecting the money. The trustees are no better, no backbone at all.

I think the law sucks. There really should be a away to sort this without having to resort to violence to make them pay. The trustees are probably not legal expert so will rely on the legal experts to tell them what to do. I dont want to take any blame away from the trustees as some are really useless.

 

[WAslayer]

I think the law sucks. There really should be a away to sort this without having to resort to violence to make them pay. The trustees are probably not legal expert so will rely on the legal experts to tell them what to do. I dont want to take any blame away from the trustees as some are really useless.

So they are not making use of a managing agent..?

 

[Agent_B]

Trustees are appointed by the owners, appoint new ones if you don't like the way they run things.

Most owners do not want to be trustees, for us it is difficult to get anyone else to become a trustee as we ask and they decline. But then they will say at the AGM how little we can increase the levies. LOL. Before me there were only 2 trustees. At the one AGM they both suddenly stepped down and moved out the complex. They nominated me as a trustee. At first i did not want to be one but was persuaded with 2 other people. and had to learn from there. wanted to step down so many times but keep getting begged to carry on.

 

[zerocool2009]

The MA we used just terminated their contract!

Ohhhh they were bad news. Kick backs for jobs (its now illegal actually, almost like fraud)

 

[TEXTILE GUY]

Most owners do not want to be trustees, for us it is difficult to get anyone else to become a trustee as we ask and they decline. But then they will say at the AGM how little we can increase the levies. LOL. Before me there were only 2 trustees. At the one AGM they both suddenly stepped down and moved out the complex. They nominated me as a trustee. At first i did not want to be one but was persuaded with 2 other people. and had to learn from there. wanted to step down so many times but keep getting begged to carry on.

Honestly - I feel your pain.

I used to live in a complex way back then.

By default my wife and I ended up as trustees for the reasons you mention.

Getting certain folks to pay levies became a mission, and people can be pretty demanding.

We bought a house.......... and gave them the royal FU.