EXCLUSIVE USE AREAS
WHO IS LIABLE FOR MAINTENANCE AND COST OF REPAIRS?
 

Section 44(1) (c) read with Rule 70(b) of the Sectional Titles Act 95 of 1986 (the Act) which read as follows:
 

and

have caused endless headaches and uncertainty.

From the above section and rule it is abundantly clear that no onus befalls the holder of an exclusive use area to repair an exclusive use area. However, in the decision in Body Corporate of the Solidatus Scheme No SS23/90 v de Waal and Others (1997) 3 ALL SA 91 T, the court held that an “owner” of a registered exclusive use area, as provided for in section 27 of the Act, is liable for the costs for the repair thereto as they are “so closely akin to full ownership as to be virtually indistinguishable”. This means that, until another court comes to a different conclusion, or the Act is amended, the registered holder of the exclusive use area is the person liable to pay the costs of repairs to his exclusive use area.

Exclusive use areas created by the rules of a scheme, either under the 1971 Act, or in terms of Section 27 A of the Act do not fall within the precedent set by the Solidatus-case. However, Section 37(1)(b) of the Act provides that the body corporate may require the holder of an exclusive use area conferred by the rules to make additional contributions to the fund to defray costs for the “maintenance” of such exclusive use areas. Maintenance does not include repairs to such exclusive use areas.

Conclusion

The Solidatus-case held that an owner who holds a section 27 exclusive use area would be liable to maintain and repair such exclusive use area. However, exclusive use areas conferred in the rules are not liable for the expenses for the repair thereto.

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