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     Patio Leaking - Who is responsible
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mpapoutsis
Posted on: 2008/1/15 12:19
Just popping in
Joined: 2008/1/15
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Posts: 1
Patio Leaking - Who is responsible
My open patio is leaking into the bathroom directly below - who's responsibility is it to fix this? The owner or the BC?
Grant
Posted on: 2008/1/21 7:17
Moderator
Joined: 2004/7/5
From: Johannesburg
Posts: 53
Re: Patio Leaking - Who is responsible
Hi Mpapoutsis

If the patio is part of the unit, as shown on the sectional plan, then the owner is responsible for the repair.

If the patio is an exclusive use area, registered in terms of Section 27, the owner is responsible for the repair.

If the patio is an exclusive use area, created by a rule in terms of Section 27A, an nothing to the contrary is included in the rule, then the body corporate is responsible for the repair.

If the patio is common property, as shown on the sectional plan, and in the absense of a rule created exclusive use area in terms of Section 27A, then the body corporate is responsible for the repair.

Regards

Grant
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