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EUA Garage Door Replacemen

By Janet Gillespie on Thu, 07 Dec 2017 at 12:02

Hi. I'm on the BC of a block of flats with 16 units. All garages are common property, with exclusive use. There are 12 garages, each one allocated to a unit, so four units do not have right to a garage. The exclusive use areas are not registered with notarial deeds, but are recorded linked to a unit, not merely allocated. The doors are situated on the inside of the exterior building wall. The owners with exclusive use do not pay any additional levy.

Two garage doors have already been replaced, and were paid for by the owners who have exclusive use.

Three garage doors are needing urgent replacement. Who is responsible for payment?

Similar topics are based on garages that form part of the sectional title plan, which is not the case here.

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RE: EUA Garage Door Replacemen

Murray Bennett replied on Thu, 07 Dec 2017 at 17:01

The BC should be charging levies on the garages to cover the cots related thereto [rates, insurance, maintenance & repair, water, CP electricity] The BC is responsible for ensuring that the garages are maintained and repaired. As no levies are being raised the BC must make sure that they are replaced and must recover the costs incurred from the person enjoying the exclusive use of the garage.

To quote:
(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 35 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;

RE: RE: EUA Garage Door Replacemen

Janet Gillespie replied on Fri, 08 Dec 2017 at 11:29

Hi Murray
Thanks for the reply. Just to confirm a few things:
The four other owners do have exclusive use of undercover parking, and there is no electricity or water cost associated with the garages. However, I agree that the levies should be adjusted to cover insurance, rates and maintenance. This will have to be raised at the next AGM or SGM.

For now, however, is the owner responsible for the full cost or is the cost shared 50-50 between the BC and owner?
(In a similar post regarding sectional title garage units, the costs are to be split, refer to post dated 08.02.2011, titles Replacement of garage doors).

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