Few things generate more friction in a sectional title scheme than an argument about who's supposed to pay for a repair. A leaking roof, a cracked driveway, a failing geyser — each raises the same underlying question: is this the body corporate's responsibility, or the individual owner's? The answer is set out in law, but it's often misunderstood, and misunderstanding it is exactly what leads to delayed repairs, awkward AGMs, and sometimes formal disputes.

The legal framework — the Sectional Titles Schemes Management Act

Maintenance responsibilities in South African sectional title schemes are governed primarily by the Sectional Titles Schemes Management Act 8 of 2011 (the STSMA), which came into effect in October 2016. It sets out, among other things, the body corporate's obligation to maintain common property and to establish both an administrative fund and a reserve fund to cover those costs. Section 3(1) of the Act specifically requires the body corporate to maintain an administrative fund sufficient to cover the estimated annual costs of repairing, maintaining, managing and administering the common property, including reasonable provision for future maintenance and repairs.

What counts as "common property"?

This is the starting point for almost every maintenance question. Common property generally includes everything in the scheme that isn't part of an individual owner's registered section — this typically covers the land itself, the building's foundations, the roof, external walls (below and above the section boundary in specific ways set out in the Act and the sectional plan), driveways, gardens, communal passages, stairwells, lifts, and shared facilities such as pools or clubhouses. A section, by contrast, is generally defined by the internal boundaries of an individual unit — typically the inner surfaces of its floors, walls and ceiling.

The body corporate's core maintenance obligations

Under the STSMA, the body corporate is generally responsible for maintaining, repairing and keeping in good order the common property of the scheme. In practical terms, for most Gauteng complexes and estates, this typically includes:

• The roof structure and roof covering

• External walls (subject to the specific boundary rules noted below)

• Foundations

• Shared driveways, parking areas, gardens and pathways

• Communal facilities such as pools, gyms, and clubhouses

• Security infrastructure serving the whole scheme (perimeter fencing, access gates, shared cameras)

• Utility infrastructure used in connection with common property (shared pipes, cabling, ducting)

The body corporate must fund this through levies, and the STSMA requires a reserve fund specifically earmarked for future maintenance and repair of common property, separate from day-to-day administrative costs.

What individual owners are responsible for

Under section 13 of the STSMA, an owner is generally required to maintain their own section in a state of good repair. This typically covers everything within the boundaries of the section itself — internal finishes, fixtures, fittings, and appliances such as geysers, which (notwithstanding that a burst geyser event itself may be covered by the body corporate's insurance) are generally the owner's responsibility to maintain and repair.

Grey areas — shared boundaries and exclusive use areas

Not everything falls neatly on one side of the line. A few common grey areas:

• Shared boundary structures — windows, doors, or other elements forming part of a boundary between two sections, or between a section and common property, are often treated as a shared cost between the relevant parties, split according to the specific circumstances and the scheme's rules.

• Exclusive use areas (a balcony or garden allocated exclusively to one owner, but which remains legally part of the common property) typically place the maintenance obligation on the body corporate, while the owner is generally responsible for keeping the area in a neat and clean condition — and the body corporate can usually recover the cost of maintenance and repair of that exclusive use area from the relevant owner.

• Consequential damage — if a defect in common property (say, a failing roof) causes damage inside an individual owner's section, the STSMA doesn't automatically make the body corporate liable for that consequential damage. This is generally treated as a separate legal question from the maintenance obligation itself, and owners in this situation may need to pursue the matter as a common-law claim or, in a dispute, through CSOS.

Because of these grey areas, it's always worth checking a scheme's specific rules and, where there's genuine uncertainty, seeking advice from an attorney experienced in sectional title law, rather than assuming a general rule applies without exception.

The reserve fund and maintenance planning

The STSMA regulations require a body corporate to prepare a maintenance plan covering "major capital items" over a ten-year horizon, to be tabled at each AGM, with owners approving the associated reserve fund contributions. This is meant to prevent a common and costly pattern in ageing schemes: deferring maintenance because there's no dedicated fund set aside, until a problem (frequently a roof or waterproofing failure) becomes an emergency rather than a planned, budgeted project. Trustees who proactively plan for major maintenance items — roof condition, waterproofing, painting cycles, driveway and paving wear — generally find it far easier to manage costs and avoid disputes than those who wait for visible failure.

What happens when there's a dispute — the role of CSOS

Where an owner and the body corporate disagree about a maintenance obligation, the Community Schemes Ombud Service Act 9 of 2011 established the Community Schemes Ombud Service (CSOS) specifically to provide an accessible, independent dispute resolution mechanism for community schemes. Under section 39 of that Act, an affected party can apply to CSOS for an order compelling the body corporate to carry out necessary repairs and maintenance to both private and common property, among other remedies. This exists precisely because maintenance disagreements are common enough in sectional title schemes to warrant a dedicated, lower-cost dispute resolution route outside the ordinary courts.

Frequently asked questions

Is the roof always the body corporate's responsibility?
In most standard sectional title schemes, yes — the roof is typically part of the common property and therefore a body corporate maintenance obligation, though it's always worth checking the specific scheme's sectional plan and rules, since some structures differ.

Who pays if a geyser bursts and damages the unit below?
This can get complicated. The geyser itself is generally an owner's maintenance responsibility, but the body corporate is often required to include geysers on the scheme's insurance schedule, and insurance claims for resulting damage may be handled separately from the underlying maintenance obligation.

Can a body corporate be forced to carry out maintenance it's been putting off?
Yes — an owner can apply to CSOS for an order compelling the body corporate to attend to necessary maintenance and repairs, as set out under section 39 of the Community Schemes Ombud Service Act.

Do older schemes (registered before 2016) have to follow the same maintenance plan rules?
This is a genuinely nuanced area of the law — some older schemes retain earlier management rules and may not be strictly required to prepare a ten-year maintenance plan in the same way, though establishing one is still widely regarded as good practice. Trustees of older schemes should get scheme-specific legal advice on this point.

What's the difference between the administrative fund and the reserve fund?
The administrative fund covers day-to-day running costs (levies, day-to-day repairs, insurance premiums, rates), while the reserve fund is specifically meant to be set aside for future, larger maintenance and repair of common property — the STSMA requires both to be maintained separately.

Planning maintenance for your scheme?

Understanding who's responsible for what is the first step. If your body corporate or managing agent is planning roof, waterproofing, or general maintenance work for a Johannesburg complex or estate, contact RM Construction to discuss a maintenance plan suited to your scheme.

Note: This is general information, not legal advice