NIGEL
10-25-2012, 12:55 AM
Can anyone help clarify this issue?
My parents too bought an 2 Bedroom 2 bathroom Apartment in 1997 in one of the 2 Apartment Blocks consisting of 67 Apartments on 3 levels. We do have shared entrance lobbys, lifts, staircases, etc. Urbanization consisting of Apartments,Duplexes,Villas and Houses.363 Properties in Total all paying the same Quarterly Quota.
What I want to know is from a legal point of view is who is now responsible for painting of the Exterior of these Blocks including the Terraces etc. I mention that the community is already painting the inside corridors,staircases etc of these 2 apartment Blocks.
Our statute (by law) also contains a clause which states each Owner is responsible for the exterior repair and maintenance of their individual property. It also states if an Owner fails to keep their property in good condition the Community has the legal right to do the work and charge the Owner for the costs involved. Accordingly this clause on our statutes has been applied and enforced since the inception of the Community of Owners some 50 years ago.
If this clause in our statutes is now redundant and has been superceded by Clause 10 of the Horizontal Law of Property Act ,the Community is now legally responsible for the exterior maintenance of all properties in the development. This will include rectifying structural problems, the repair of roofs, balconies, etc and the exterior painting of our Apartments. In essence it means Owners will be obliged to hand over the external areas of their properties to the Board/Administration to maintain as and when they decide it is necessary, for the foreseeable future. To fund the expense it is intended to significantly increase our already high Community fees.
If anyone can shed any light on this I would appreciate it! See also Laura's post on the same issue.
Thank You
My parents too bought an 2 Bedroom 2 bathroom Apartment in 1997 in one of the 2 Apartment Blocks consisting of 67 Apartments on 3 levels. We do have shared entrance lobbys, lifts, staircases, etc. Urbanization consisting of Apartments,Duplexes,Villas and Houses.363 Properties in Total all paying the same Quarterly Quota.
What I want to know is from a legal point of view is who is now responsible for painting of the Exterior of these Blocks including the Terraces etc. I mention that the community is already painting the inside corridors,staircases etc of these 2 apartment Blocks.
Our statute (by law) also contains a clause which states each Owner is responsible for the exterior repair and maintenance of their individual property. It also states if an Owner fails to keep their property in good condition the Community has the legal right to do the work and charge the Owner for the costs involved. Accordingly this clause on our statutes has been applied and enforced since the inception of the Community of Owners some 50 years ago.
If this clause in our statutes is now redundant and has been superceded by Clause 10 of the Horizontal Law of Property Act ,the Community is now legally responsible for the exterior maintenance of all properties in the development. This will include rectifying structural problems, the repair of roofs, balconies, etc and the exterior painting of our Apartments. In essence it means Owners will be obliged to hand over the external areas of their properties to the Board/Administration to maintain as and when they decide it is necessary, for the foreseeable future. To fund the expense it is intended to significantly increase our already high Community fees.
If anyone can shed any light on this I would appreciate it! See also Laura's post on the same issue.
Thank You