If you are a member of a body corporate in South Africa, you are likely well aware that it’s not just about ownership; it’s about coexisting with your fellow property owners and maintaining the common areas and shared facilities. But who is responsible for keeping sectional title properties in good condition?

In this article, we delve into the duties and roles of trustees, property owners, and managing agents. Furthermore, we will provide guidance on how to prevent legal consequences and effectively address disputes within your sectional title community.

Understanding Sectional Title Ownership

Owning a sectional title property means possessing a designated section within a complex or building and collectively sharing common areas like gardens, swimming pools, and corridors alongside fellow property owners. This shared ownership requires collaboration and adherence to a set of rules and regulations to guarantee proper upkeep of the property.

1. Trustees: The Guardians of Your Sectional Title Scheme

The trustees play a crucial role in managing a sectional title property. They are elected by the property owners to oversee the day-to-day operations, finances, and maintenance. Their responsibilities include:

a. Financial Management

Trustees are responsible for budgeting, collecting levies, and ensuring that funds are allocated for maintenance, repairs, and other expenses. The Community Schemes Ombud Service (CSOS) provides guidelines for financial management.

Learn more about the CSOS financial guidelines  

b. Maintenance and Repairs

Trustees are responsible for coordinating essential maintenance and repairs, whether it involves addressing a leaking roof, repainting common areas, or upkeeping security systems. The legal framework governing these responsibilities can be found in the Sectional Titles Schemes Management Act.

Explore the Sectional Title Schemes Management Act

Get a 10-year maintenance plan from Mirfin    

c. Dispute Resolution

They also mediate conflicts among property owners and enforce the rules and regulations of the property. It’s essential for trustees to be fair and impartial in these matters to maintain harmony within the community.

2. Property Owners: Active Participants

As a property owner, you’re not just a passive spectator. You have responsibilities that contribute to the well-being of your sectional title property:

a. Paying Levies

Timely payment of levies is essential for the property’s financial stability. Delinquent payments can hinder maintenance efforts and lead to legal action.

b. Adhering to Rules

Property owners are required to adhere to the management and conduct rules established for their property. These rules are in place to uphold order and promote harmony.

c. Reporting Issues

Property owners should not hesitate to report maintenance issues to the trustees or managing agents. Timely reporting can prevent small problems from becoming significant expenses.

3. Managing Agents: Streamlining Operations

Many bodies corporate employ a managing agent to assist with day-to-day tasks. These professionals can streamline the operation of the property by:

a. Handling Administrative Tasks

Managing agents can take care of the paperwork, record-keeping, and communication, allowing trustees to focus on decision-making.

b. Coordinating Maintenance

They can arrange for maintenance and repairs, ensuring that the property stays in good condition. Effective coordination is crucial.

c. Quote Requests

Often, it falls upon the managing agents to obtain valuation quotes from different companies, which they must present to the trustees at the Annual General Meeting (AGM).

d. Legal Expertise

Managing agents often have knowledge of relevant laws and regulations, helping the body corporate avoid legal consequences.

Collaboration is Key

Preserving the condition of a sectional title property is a shared responsibility. Trustees, property owners, and managing agents must collaborate to safeguard the property’s welfare, prevent legal repercussions, and resolve conflicts. Adhering to the guidelines provided by the CSOS and other relevant legal documents fosters a thriving and harmonious sectional title community.

Mirfin provides a range of online tools and templates to assist bodies corporate in maintaining their properties and ensuring compliance. Click here to explore our services.