Damp problems in apartments can be confusing, but here's the breakdown:
1️⃣ Water Ingress Sources: Damp issues can come from various sources, like the roof, foundations, or external walls. The responsibility for fixing these issues typically falls on the Body Corporate.
2️⃣ Legal Mandate: Section 37(1)(j) of the Section Titles Act mandates the Body Corporate to maintain and repair common property. Members can expect this duty to be fulfilled, even if it means a special levy.
3️⃣ Equal Responsibility: Ground floor and top-floor owners share the responsibility for repairs, depending on the issue. Special levies are raised based on owners' participation quotas.
4️⃣ Complex Cases: Not all cases are straightforward. Repairs for leaks from less obvious sources (like pipes within floors or walls) can vary.
5️⃣ Balcony Confusion: Balcony leaks can be tricky to assign responsibility for: If balconies are part of sections, section owners handle repairs. If balconies are common property with rule-protected exclusive use, the Body Corporate is responsible. If balconies are common property with registered exclusive use, the "Solidities" ruling of 1977 may apply.
6️⃣ Claim Rights: If a section owner is damaged due to common property leaks, they can claim repair costs from the Body Corporate. If the leak originates in another section, that section's owners are responsible.
7️⃣ Delayed Repairs: Some Body Corporates delay repairs to raise funds, but this can lead to more damage. Timely repairs are mandatory, and insufficient reserve funds may necessitate a special levy.
In summary, for damp issues in a Sectional Title property, get an engineer's report and document with photos. It's crucial to understand who's responsible to ensure timely and proper repairs.