In South Africa’s property management landscape, especially within sectional title schemes, the topic of exclusive use areas (EUAs) can sometimes cause confusion.
What are Exclusive Use Areas?
Exclusive use areas are portions of common property within a sectional title scheme, allocated to individual units for their exclusive use. These areas remain common property, meaning they are not part of the owner’s section or apartment, but the right to use them exclusively is granted through the scheme’s management rules or registered servitudes.
These areas can include balconies, patios, gardens, storerooms, and parking bays. While these areas are technically part of the common property, their use is restricted to the specific unit owner.
The responsibility for maintaining these spaces is not always immediately clear. Let’s unpack who handles the upkeep of these areas and how sectional title legislation addresses this.
Sectional Titles Schemes Management Act (STSMA) Overview
The Sectional Titles Schemes Management Act (STSMA) provides guidance on how sectional title schemes are to be governed, including the allocation and maintenance of exclusive use areas. According to the STSMA, it is generally the responsibility of the owner who benefits from the exclusive use area to maintain it. This maintenance includes ensuring that the area is clean, functional, and in good repair.
However, there are key details to consider about how the costs of such maintenance are managed.
Maintenance and Costs
While the owner of the exclusive use area is responsible for its maintenance, the body corporate plays a role in ensuring that the EUA is properly managed. There are two scenarios for cost responsibility:
- If the EUA is created by the scheme’s management rules: The body corporate is entitled to recover the costs of maintaining the area from the owner. This is often done through an EUA levy, which covers the expenses related to the upkeep of these spaces.
- If the EUA is created through a servitude registered at the deeds office: The owner is directly responsible for all costs related to maintaining the area, without any need for the body corporate involvement.
In both cases, it’s essential that owners understand their obligations and that the body corporate enforces these rules to ensure smooth management of the property.
What Does Maintenance Include?
Maintenance typically includes tasks such as cleaning, minor repairs, and ensuring the area remains safe and usable. For example, if a homeowner has exclusive use of a parking bay, it is their responsibility to ensure that it is clean and that any necessary repairs, such as fixing cracks or removing oil stains, are completed.
For areas like gardens or balconies, maintenance might involve trimming plants, cleaning surfaces, and even dealing with any structural issues that arise. If repairs are neglected, this can cause disputes between the owner and the body corporate, highlighting the importance of clear communication and adherence to the STSMA regulations.
What About the Median Line?
(https://theadvisory.co.za/2024/10/02/the-median-line/)
When the Sectional Titles Schemes Management Act (STSMA) was introduced, it might seem that the earlier Sectional Titles Act of 1986 (STA) is no longer relevant to the management of sectional title schemes. However, the STA still holds key information vital to sectional title management, particularly in explaining essential concepts like the median line.
If you were to search the STSMA, you wouldn’t find any mention of the median line. This is because it is actually addressed in Section 5 of the STA.
What is the Median Line?
The median line is a conceptual boundary that divides different types of property within a scheme. It separates sections from each other and sections from the common property. This line is not physically visible on the property but should be imagined as running through the centre of any structure that divides these areas, such as floors, walls, or ceilings.
Where is the Median Line Located?
The median line runs through the middle of all walls, floors, and ceilings that separate one section from another or from common property. Windows, doors, and other features that form part of the dividing structures are also considered in this way, meaning the median line passes through their midpoint as well.
What Does This Mean for Property Owners?
On one side of the median line lies the section, which could be a primary section like an apartment or office, or a utility section such as a garage or storeroom. These sections are fully owned by the person or legal entity listed in the Deeds Registry. On the other side of the line is either another section or common property, which includes shared areas such as hallways or gardens, owned collectively by all sectional owners in proportion to their unit shares. Even areas designated for exclusive use remain common property by definition.
In practical terms, dividing structures like walls, floors, and ceilings are equally part of both properties on either side of the median line. For instance:
- The outside half of a section’s front door is common property, while the inside half belongs to the section.
- The lower half of the ceiling in a penthouse apartment is part of the section, while the upper half and roof above it are considered common property.
- A wall between two sections would be split, with 50% forming part of section A and the other 50% forming part of section B.
Why is the Median Line Important?
Understanding where one type of property begins and another ends is critical because it determines who is responsible for managing, maintaining, and insuring that part of the property. Generally, a section owner is responsible for maintaining and insuring their section, while the body corporate is accountable for the common property. For example:
- The body corporate must paint the outer side of a section’s front door, while the owner must paint the inside.
- The owner is responsible for painting the visible part of their section’s ceiling, while the body corporate is in charge of the roof structure above it.
- If two sections share a wall, each owner is responsible for maintaining their respective side of the wall.
Practical Implications
Maintenance is a common area of dispute in sectional title schemes. Fully understanding the concept of the median line and applying it accurately can help avoid and resolve such issues efficiently.
Maintenance Responsibilities: A Breakdown
Here’s a breakdown of the general guidelines:
Unit Owners:
- Interior Maintenance: Unit owners are generally responsible for maintaining the interior of their exclusive use areas. This includes tasks such as painting, repairs, and cleaning.
- Exterior Maintenance: While unit owners may be responsible for some exterior maintenance, such as keeping the area clean and free of debris, the body corporate often has a role to play in ensuring that the overall appearance of the complex is maintained.
Body Corporate:
- Common Property Maintenance: The body corporate is responsible for maintaining the common property, which includes the exterior of exclusive use areas. This may involve tasks such as landscaping, repairs to fences or walls, and ensuring that the area is safe and accessible. In some cases, the body corporate may decide to take over maintenance of exclusive use areas, particularly if the owners are not complying with their obligations. If this occurs, the costs incurred by the body corporate for maintaining the EUA will be recovered from the relevant owners.
- Structural Maintenance: The body corporate is also responsible for the structural maintenance of exclusive use areas. This includes ensuring that any structures, such as balconies or patios, are safe and in good condition.
- Maintenance Plan: The body corporate is tasked with creating a comprehensive maintenance plan, ensuring that both common property and exclusive use areas are accounted for. This may include anything from routine inspections to planning for more major repairs or replacements.
Specific Terms of the Sectional Title Scheme
The specific terms of your sectional title scheme may outline different responsibilities for exclusive use maintenance. The scheme’s management rules will provide clarity on the duties of unit owners and the body corporate in relation to these areas.
Tips for Avoiding Disputes
To prevent misunderstandings and disputes, it’s best to:
- Clearly Define Responsibilities: Ensure that the management rules clearly outline the maintenance responsibilities for exclusive use areas.
- Communicate Effectively: Maintain open communication between unit owners and the body corporate to address any concerns or issues promptly.
- Regular Inspections: Conduct regular inspections of exclusive use areas to identify and address potential maintenance problems.
- Seek Professional Advice: If there is uncertainty about maintenance responsibilities, consult with a legal professional or sectional title expert.
By ensuring that all parties are aware of their obligations and fostering good communication, property management can remain efficient and transparent, benefiting both the body corporate and individual owners.