Maintenance or replacement of window or door

How do we deal with maintenance or replacement on windows and doors in a Sectional Title Scheme?

The Sectional Titles Act states the following:

STA Section 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)

As you can see this portion of the Act was amended in 2010.  So up to 2010 it depended on where the window was situated ito the median line of the section (if inside the median line then it was part of the section and the owners responsibility and if outside the median line then common property and the BC’s responsibility)  This is no longer the case – now the median line runs through the window or door no matter where in the wall it is situated

What now becomes important is to know which wall the window or door is situated in

Take this simple example:

Blue – Section; Yellow is balcony

  • If the window or door is in the wall between the section and the balcony and the balcony is part of the section then it will be completely the owner’s responsibility to maintenance / replace
  • If the window or door is in the wall between the section and the balcony and the balcony is common property (without it being an EUA) then the BC will be responsible for the outside and the owner for the inside (as the median line will run through the window or door. So that is 50/50 responsibility then if the window or door needs to be replaced
  • If the window or door is situated in the wall between the section and the balcony and the balcony is an EUA then you will have to check the plans and the rules of your scheme to see what type of EUA it is.
    • If it is EUA ito the plans then the BC will be responsible and there must be an EUA levy to recover the costs
    • If it is EUA ito the rules then you will have to check what the rules state regarding maintenance responsibility
      • If the rules state that the owner is responsible for maintenance then that is so and then an EUA levy cannot also be raised
      • If the rules are silent on maintenance responsibility then the BC will be responsible for the outside of the window / door and the owner for the inside (50/50 responsibility on replacement)
    • If the window or door is situated in a wall that is straightforward inside section and outside common property then the inside will be for the owner and the outside for the BC (as the median line runs through the window or door) And it will be 50/50 on the replacement of the window or door.

Something to be taken into consideration when replacing windows or doors is the reason for it being done.  If it is due to it falling apart due to non-maintenance you will have to check where the lack of maintenance was – solely on the inside then the BC can claim their 50% back from the owner and solely on the outside then the owner can claim their 50% back from the BC.

If the owner just want to replace the windows or doors for aesthetic reasons then the BC cannot be held responsible for the 50% payment unless they agree to it.  And the costs must be reasonable and agreed to as well.  The BC cannot be held for ransom if the owner wants to go overboard and install a golden window or door for instance.