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Custom & Practice
If the body corporate has looked after all repairs to balconies since the building was first occupied should this practice not continue as 'custom & Practice'? Our Trustees and new managing agent are now after 16 years trying to turn owner against owner by saying each owner must claim off the owner above and sue if the upper owner will not pay.
An added complication is that there are building expansion joints in some balconies and these need and have received in the past constant repair from the body corporate, can these joint be seen as the fabric of the building like the roof and walls?
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RE: Custom & Practice
Hi, Robert. It all depends on the status of the balconies. Are they part of the sections, EUAs or common property?
As far as the expansion joints are concerned, they are a vital part of the structure, and it seems to me that they should be maintained by the BC. Has anyone else any thoughts on the matter?
RE: RE: Custom & Practice
The Balconies are part of the sections. Is there such a law as 'Custom & Practice' (example - when a situation has been running for some time the law accepts this as 'The Rule' even if it goes against the written rule) in South Africa as there is in other countries?
RE: Custom & Practice
Hi,
I am not aware of a \"Custom and Practice\" Act in South Africa.
Strictly speaking, the maintenance is for the acount of the owners if, as you say, the balconies form part of the section but you could get owners with a total PQ of 25% together and demand a Special General Meeting to change the Management Rules and make the maintenance of balconies the responsibilty of the Body Corporate....Show More
You will need a unanimous resolution for this.
RE: RE: Custom & Practice
Thank for your previous answers.
How can we determine if expansion joints are a part of the buildings fabric or just a continual headache for the unfortunate owners.
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