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Exclusive Use and maintenance

By Gary Engelbrecht on Mon, 19 Mar 2012 at 10:37

Hi
The act clearly defines that an owner who has been granted exclusive use has to maintain his or her exclusive use area. EU is an area of common property that has been allocated to a specific section owner(s). My question is - as exterior walls of townhouse units and roofs are deemed to be common property, can they not be declared exclusive use areas? In doing so the Body Corporate will be indirectly be requiring each section owner to maintain the exterior of their own unit and roof. Nowhere in the Act does it define what "area" is when stating exclusive use other than it being a portion of the common property. This will also reduce the need for the Body Corporate to make a maintenance provision for those areas now allocated as exclusive use. Please advise.

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RE: Exclusive Use and maintenance

Gerhard Bezuidenhout replied on Mon, 19 Mar 2012 at 12:09

IMO your information is incorrect.

Duties of owners: Section 44(1)An owner shall... (c)repair and maintain his section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition;...Show More

RE: RE: Exclusive Use and maintenance

Gary Engelbrecht replied on Mon, 19 Mar 2012 at 12:54

Hi

PMR 70(b) is somewhat confusing as it relates to maintaining / repairing common prop EUA by the owner. surely neat and tidy will not result in repairs??

RE: RE: RE: Exclusive Use and maintenance

Gerhard Bezuidenhout replied on Mon, 19 Mar 2012 at 17:27

Yes, this reference to "maintain" is an unforunate choice of words.

RE: RE: RE: RE: Exclusive Use and maintenance

Gary Engelbrecht replied on Mon, 19 Mar 2012 at 19:42

The new schemes management act will kinda accomodate it with it making it instrinsic upon the Body Corporate to levy the EUA or to make owners maintain it in terms of the rules - which means when the SMA comes into being section 44 of the 86 Act will fall away and BC will in effect be able to amend the Management Rule to accomodate such. ? What r yr thoughts?

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