Skylight or chimney installation

An owner wants to install a fireplace / skylight in his section. We know that this will be an improvement to the common property by an owner and we dealt with this in another Question of the Week. But how does this affect maintenance and the insurance of the BC?

In terms of the STSM Act the following applies:

  1. 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;



    Section 13

    1. 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;

So the BC is responsible for maintenance to common property and the owner is responsible for maintenance to his/her section.

The outside of the skylight / chimney will become common property and the responsibility of the BC.  The only way to make an owner responsible for maintenance of a part of the common property will be to make it an EUA ito the rules and in the rules make him/her responsible for maintenance.

Ito insurance it is noted that it does not affect the sum insured nor the insurance premium.