The responsibility of maintaining an exclusive use area is at the centre of a dispute between a reader and the body corporate of the sectional title scheme where he lives. … [Read more...]
Search Results for: Maintenance
Who is responsible for the maintenance of a sectional title scheme?
Dear YourProperty Can you please advise who is responsible for the boundary wall of a complex - the owner of the property next to the boundary wall or the body corporate of the complex? My question stems from the main borehole water pipe from the complex bursting due to high water pressure into my garden on three occasions now, which has resulted in a lot of damage to my garden as well as a … [Read more...]
Body corporate responsible for maintenance to sectional title scheme
A reader has asked the YourProperty expert to clarify who is responsible for the maintenance and upkeep of certain areas of a sectional title scheme and has two specific and immediate concerns. His first question relates to the boundary wall of the complex, while the second is about damage resulting from a burst water pipe in his garden. See the reader's questions here. As a starting … [Read more...]
Maintenance
Just who is responsible for the maintenance of a sectional title scheme depends on whether that portion is part of a section, the common property or an exclusive use area. The body corporate is responsible for maintaining the common property, while an owner is responsible for his or her section. Because exclusive use areas are actually part of the common property but used exclusively by one … [Read more...]
The role of reserve funds and special levies in complex maintenance
Reserve funds should be budgeted for in the normal levy. Therefore, the estimated cost of painting the complex would be budgeted into the current levy and not into an additional fund. This negates the need for a special levy each year. Be careful not to make the complex finances overly complicated by reserving funds for minor items. A new gate motor may cost R5 000 but, in the scheme … [Read more...]
Can the landlord increase the rent without any maintenance?
I have been living in my flat for almost four years and since the time of moving in there are a few damaged things. First of all, the parquet flooring in the two bedrooms is damaged and most of the tiles are extremely loose and fall out when you walk over them. Secondly, the electrical wiring is a constant problem and it has been a source of contention between my landlord and myself. Upon … [Read more...]
Can I sell my house for less than market value?
I own a three-bedroom house and would like to know whether I can sell it for less than market value. I don't want to spend any money on repairs and want to sell the property for about R250 000. The market value of the house, which I purchased in 2001 for R150 000, is between R600 000 and R1 000 000 as it is situated close to schools and in an area where properties are in demand. The … [Read more...]
Selling a house below market value
A reader who owns a three-bedroom house in a small town wants to know whether she can sell it below market value, given that it is in a state of disrepair. … [Read more...]
Replacing window frames to freehold and sectional title units
I am considering purchasing one of two potential properties in different complexes and I would like to know whether I can replace wooden window frames with lower-maintenance aluminium ones. One unit forms part of a sectional title scheme while the other is a freehold property where a Homeowners' Association (HOA) is involved. Thank you Potential Alterations See what the experts have to … [Read more...]
Changing window frames in a freehold or sectional title complex
A reader, who is considering purchasing one of two potential properties in different complexes, wants to know whether she can replace wooden window frames with lower-maintenance aluminium ones. … [Read more...]
Jointly owned property: How to recoup personal expenses
A reader who took care of the expenses of a property she shared with her ex-husband wants to know what she can do about his claim for half the value of the house. … [Read more...]
Dealing with large rental increases
A reader has already approached the Rental Housing Tribunal but wants to know what she can do in the interim about a rental increase of 46 per cent in just 11 months. Questioning the validity of the landlord's conduct, she says she cannot afford the constant increases. She adds that the premises are in a poor state and require repairs, but that the landlord does nothing about it. When she … [Read more...]
Settling ex-husband’s share of co-owned property
A reader wants to know how she can go about retaining the marital property she bought with her now ex-husband, while paying him out his share. … [Read more...]
Co-ownership: How to pay out ex-husband’s share
I would like to know the procedure I must follow to retain the property I bought with my ex-husband, while paying him out his share. We were divorced several years ago but continued to own it jointly while also living in it. There was no division of the property and I have paid the bond instalments, rates, municipal accounts and maintenance expenses. We want to go our separate ways, but … [Read more...]
Evicting bondless potential ‘buyers’
A reader who allowed the buyers of her house early occupation wants to know if she can apply for an eviction order after they failed to secure a bond and pay the occupational rental. … [Read more...]
Evicting ‘buyers’ following early occupation
I allowed the buyers of my house early occupation and I would like to know if I can apply for an eviction order after they failed to secure a bond and to pay the occupational rental. Even though I was planning to do some maintenance on the house, they were keen to move in because they said they had to vacate their existing house after the owner returned. I later discovered this was untrue. I … [Read more...]
Sectional title owner can access financial statements
A reader who lives in a sectional title complex wants to know if he has a right to peruse the body corporate's anticipated annual expenditure, as well as the financial statements. … [Read more...]
Selling half share of co-owned property
A reader wants to know what can be done to sell a property in which she and her sibling inherited a half share, while her late father's spouse owns the other half. … [Read more...]
