Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)RegulationsSectional Titles Schemes Management Regulations, 2016AnnexuresAnnexure 1 : Management rulesPart 7 : Physical Management31. Obligation to maintain |
| (1) | Notwithstanding that a water-heating installation forms part of the common property and is insured by the body corporate, a member must maintain, repair and, when necessary, replace such an installation which serves that member's section or exclusive use area; provided that where such an installation serves sections owned or exclusive use areas held by more than one member, the members concerned must share the maintenance, repair and replacement costs on a pro-rata basis. |
| (2) | If despite written demand by the body corporate, a member refuses or fails to— |
| (a) | carry out work in respect of that member's section ordered by a competent authority as required by section 13(1)(b) of the Act; or |
| (b) | repair or maintain a section owned by that member in a state of good repair as required by section 13(1)(c) of the Act; |
and that failure threatens the stability of the common property, the safety of the building or otherwise materially prejudices the interests of the body corporate, its members or the occupiers of sections generally, the body corporate must remedy the member's failure and recover the reasonable cost of doing so from that member; provided that in the case of an emergency, no demand or notice need be given to the member concerned.
