One of our schemes undertook a project to change all window frames from wooden to aluminum. One of the owners came back to say that his unit’s windows have already been replaced by a previous owner. How will this work practically?
Changing the window frames is an improvement to the common property – we have another Question of the Week on that topic and what permission is needed for the Body Corporate to make an improvement to the common property.
What I would like to emphasize today is the fact that the Sectional titles Act states that the median line -which represents the division between section and common property – runs through the middle of the windows as well.
Section 5 of the ST Act
5(4) The common boundary between any section and another section or common property shall be the median line of the dividing floor, wall or ceiling, as the case may be.
(5) For the purposes of subsection (3) (d) the boundaries of a section shall be defined-
(a) by reference to the floors, walls and ceilings thereof, or as may be prescribed; Provided that any window, door or other structure which divides a section from another section or form common property, shall be considered to form part of such floor, wall or ceiling; and
(Definition of boundaries of section amended by s.2 of Act No 11 of 2010)
(b) in respect of a part of a section (such as a stoep, porch, balcony, atrium or projection) of which the boundaries cannot be defined in terms of paragraph (a) but being appurtenant to a part of that section which can be defined in terms of that paragraph, in the manner prescribed.
We know that the STSM Act prescribes that the Body Corporate is responsible for the common property (outside) and the owner is responsible for the section (inside)
So when replacing window frames the inside as well as outside is affected so the costs of the project would have to be split 50/50 between the Body Corporate and the owner.
Normally this is easily done as all owners are affected and the Body Corporate (consisting of all owners) just pay for the project (either with existing levies or by raising a special levy)
The problem is our case study – one owner already have aluminum windows. I would then suggest that the 50/50 split be implemented for this Body Corporate and this specific owner then be exempted from paying his 50%