One of our schemes – by way of a resolution at an AGM – made the owners responsible for maintaining and painting the outside of their sections. Can this be done?

The answer is no and yes.

If the outside of the section is common property without any EUA rights then you cannot make an owner responsible for the maintenance of that area – even if all the owners at a general meeting agree to it.

The STSM Act states the following:

Section 3

  1. (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;

It is however possible to create EUA rights over an area by way of rules and to then in the rules make the owner of those rights responsible for the maintenance of that area. The BC can then just not charge an EUA levy as well.

Section 3
  1. (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;