The Body Corporate, consisting of all the owners, controls the sectional title property, but each individual investor also has responsibilities in such a scheme. In the following parts of our series on sectional titles we explore the various obligations that each individual owner has including:

  • Obligations regarding their own section.

  • Obligations regarding the management rules.

  • Obligations regarding the rules of conduct.

  • Obligations regarding common property.

In this article we will only discuss the responsibilities of an owner regarding their section and the management rules:

Obligations with regards to the owner's own section

In the Sectional Title Act the responsibilities of the owner are set out as being:

  • The owner must maintain his or her section in a good state of repair.

  • The owner must also allow reasonable access to his or her section for purposes of inspection as well as electrical and plumbing installations and repairs. As far as access is concerned, the sectional title owner should be aware that the Trustees are also allowed to access the unit to make sure that the owner complies with the provision of the Sectional Title Act. There has to, however, be a written request to enter the premises except in special cases or strict emergencies such as a burst water pipe.

  • As mentioned in part three of this series, the Body Corporate deals with the authorities. However, the owner of a sectional title unit is also obliged to comply and carry out any work requested by a competent local or public authority or pay for any work done on the section itself.

  • The owner of a unit is responsible for using his or her section in a manner that is not a nuisance to others.

  • A registered sectional plan will state the purpose of the sections and each owner is responsible for using the section according to the plan. If the unit is residential renting it out to a hairdresser, for example, is prohibited.

Obligations in terms of the Management Rules

  • The owner has to ensure that his or her use of their own section does not ruin the reputation of the building.

  • The owner is obligated to make sure that he or she or their tenant does not contravene any law, by-law, rule, proclamation, regulation or the conditions of any license with regards to the occupation of the building.

  • The owner is not allowed to make alterations that damage the stability of the building, the common property or any exclusive use areas or impair the enjoyment of the residents of the other sections.

  • The owner is not allowed to do anything that is likely to negatively affect the appearance of the building.

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