Who is responsible for maintenance to the EUA parking bay?
The Act states the following:
Section 3
3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(l) to maintain all the common property and to keep it in a state of good and serviceable repair;
And then
Section 13
13. (1) An owner must—
(c) repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition;
Nothing in there that states the owner is responsible for maintenance of an EUA.
It is only in Section 3(1)(c) that reference is made of EUA ito the rules where the owner is responsible for maintenance ito the rules creating the EUA
Section 3
3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(c) to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs;
We therefore need to look at the plans and the rules to see how the EUA was created to determine maintenance responsibility:
* In the plans – BC always responsible
* In the rules – depends on what the rules say about owner’s responsibility. If they rules say nothing about the owner being responsible then the BC is responsible