- The body corporate was responsible for repairs when defects in common property caused water damage. The adjudicator ordered reimbursement of R26 162 50, to be paid within 14 days.
- CSOS denied claims for lost rent and legal fees because those remedies are not covered under section 39 of the CSOS Act. These claims must be pursued in civil courts.
- Owners should report defects quickly and keep photographs and records. Meanwhile, managing agents and trustees must maintain common property to prevent further internal damage.
When water starts appearing on a ceiling or seeping into a wall, many people instinctively look for the source inside their homes. This case demonstrates that the issue can come from outside the unit.
If that occurs, the body corporate may be responsible for repair costs inside the unit. This type of loss is known as consequential internal damage, which can create an unhealthy and difficult living environment.
Carlos and Claudia de Oliviera own Unit 7 in The Oval sectional title scheme in Pretoria. They noticed damp marks in March 2022. Over time, the damp spread, ceilings developed stains, and mould grew. Their tenant became worried about the living conditions and moved out. The owners sent photographs and emails to the managing agent for help. A contractor later waterproofed the outside parapets, flashings, and window sills, but no one repaired the damage inside the unit.
The adjudicator reviewed the photos and repair quotes and confirmed that the water came from the outside, which is common property. The adjudicator stated, “It was evident that the damp or water damage on the inside of the Applicant's section was caused by water ingress from the common property exterior of the scheme and constitutes consequential damage.” Because the damage started outside the unit, the body corporate had to pay for the internal repairs.
The duty to maintain common property
Bodies corporate have a legal duty to care for common property. The adjudicator noted that they are responsible “for attending to the repair, maintenance, management, and administration of the common property and keeping it in a good and serviceable state of repair.”
If the trustees and managing agent do not perform this work properly, and the issue spreads into a private section, then the body corporate may be liable for the resulting problems inside the unit.
The adjudicator added that “had the exterior common property been properly and regularly maintained, the damage to the inside of the section would not have occurred.” This explains why the responsibility does not end at the exterior wall.
The owners asked CSOS for three things. They wanted the internal repairs covered, compensation for lost rent, and coverage for their legal fees. CSOS approved only the repair costs and ordered the body corporate to pay R26,162.
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