STO Forums

Search

Type your search criteria above and click Search to search the forums.

To see if someone has already answered a query similar to yours, click the Search button above and search for terms related to your question.

Can I reclaim maintenance costs from Body Corporate ?

By julian Moodley on Mon, 05 Mar 2012 at 14:54

Hi
I am living a sectional title complex which is currenty under severe financial strain, due to poor past management, lack of adequate budgeting, etc. Which the current Trustees are trying to remediate by implementing higher special levies and higher percentage increases on the levies. Until the financials are in the black, they have undertaken not to do any maintenance work on the common property of the sections, (example, exterior painting of boundry walls and sections, roof leaks, etc). They are going to the extent of selling paint to the owners to paint the exterior.
My question is : since , exterior painting is the body corporate responsibility, and is in need due to the increase in dampness, can I : -
1) Request in writing, that the body corp attend to the painting and damp-proofing of the exterior, and allow them a reasonable timeframe to attend to the request.
2)If they fail to remedy the situation, could I take it upon myself to damp-proof and paint the relevant walls and claim the costs back from the body corp, when its financials return to positive status ? (Advising BC of this course of action, upfront, offcourse).

Replies

You must login to post a reply.

RE: Can I reclaim maintenance costs from Body Corporate ?

Gerhard Bezuidenhout replied on Mon, 05 Mar 2012 at 17:10

Seems reasonable, given the circumstances.
To add- also provide a quote with your request, to assist in the quantum, as the merit arises by giving notice of your intentions.

RE: Can I reclaim maintenance costs from Body Corporate ?

Peter Vickery replied on Tue, 06 Mar 2012 at 09:14

Hi Julian - You make a point of saying the your BC is in dire circumstances and the Trustees are endeavoring to remedy this...
Sec 39(1)of the Act,makes it clear that the trustees are in charge of the common property -so only they can authorize expenditure!
What you're attempting to do, is undermine the trustees - and make unilateral decisions on your own. What if the work is a failure - who is responsible? Not the trustees - because they didn't authorize it! You must understand that you are part of a collective and have to work within that framework - again Sec 39(1) covers that aspect as well!
Everything takes time and everyone's issue is more important the the next persons....so be patient, but ensure that they are advised in writing of the situation. This will allow them to prioritize work to be done, once the BC's financial position has stabilized.

Regards...Show More

RE: RE: Can I reclaim maintenance costs from Body Corporate ?

Gerhard Bezuidenhout replied on Tue, 06 Mar 2012 at 16:30

Hi, Peter - I would like to point out that the following sentence is part of the enquiry:
"They are going to the extent of selling paint to the owners to paint the exterior".

This little information leads to the possibility that the trustees already face critisism under your suggestion "What if the work is a failure - who is responsible?"...Show More

RE: Can I reclaim maintenance costs from Body Corporate ?

julian Moodley replied on Tue, 06 Mar 2012 at 17:09

Thanks Guys.......Both make valid points.

As Gerhard pointed out, the Trustees in this instance , are selling the paint, for a job that is supposed to be at their cost. (on the basis that the BC is in financial concern).
With this course of action by the Trustees, it seems like they are already passing the workmanship risks over to the owners. ...Show More

RE: Can I reclaim maintenance costs from Body Corporate ?

Peter Vickery replied on Tue, 06 Mar 2012 at 17:20

Hi Gerhard & Julian. If each of the owners simply arranged for contractors to come on site and do whatever work they wanted and submitted the accounts to the BC to be paid, you would have anarchy.
How would you budget, plan and prioritize maintenance, if everyone was doing their own thing? Who would take responsibility for the work and the payments?
The members elect the trustees at the AGM and they assume those responsibilities for the ensuing year. If the members aren't happy with their performance then they should elect new trustees at the next AGM.

Regards...Show More

RE: Can I reclaim maintenance costs from Body Corporate ?

julian Moodley replied on Tue, 06 Mar 2012 at 17:36

Hi Peter, thanks for the feedback.

Just to clarify. I dont intend to carry-out any repairs/painting, unless agreed to upfront with the Trustees.
At the same time, I do not want to be paying extra towards something, that is ideally the BC responSibility to upkeep ( which is/should already be covered in the Levies and Special Levies)....Show More

RE: Can I reclaim maintenance costs from Body Corporate ?

Constant Laubscher replied on Tue, 06 Mar 2012 at 18:28

Hi Julian,
Don't even attempt to enter into an agreement with the trustees as an individual - this is something for the BC to take a decision on. It is the duty of the trustees to maintain the scheme and if there are no funds, the BC will simply have to look at financing the work. Rather increase the levies somewhat to take care of repaying a loan over a period of time than to wait for the finances to be in the black again - it might not happen. However noble the actions of the trustees may sound by "selling" paint to the owners, this is not the way to remedy the situation. Regards, Constant.

RE: Can I reclaim maintenance costs from Body Corporate ?

Myburgh Brink replied on Tue, 06 Mar 2012 at 23:18

The trustees, as the elected officials of the BC, are responsible to"… establish for administrative expenses a fund sufficient in the opinion of the body corporate for the repair, upkeep, control, management and administration of the common property …" They are also empowered to borrow money on behalf of the BC to fulfil their duties (§37 and §38).

If there are insufficient funds for the project the trustees are empowered by §37 (2A) to raise a special levy....Show More

RE: Can I reclaim maintenance costs from Body Corporate ?

Sur Ugo replied on Wed, 07 Mar 2012 at 09:29

Hi

At the outset I would concur with Constant Laubscher. The idea of claiming back is not practical. From what it sounds like, some owners are reluctant to raise special levies and would prefer to do the painting themselves. It's not going to be that easy, especially later....Show More

1
Advertisements
Banner
Website Statistics
  • Forum Topics: 11683
  • Users: 21199