Circular 72 – Community Schemes

Good day Valued Managing Agent

EXCLUSIVE USE AREAS and especially who is responsible for their operational and financial REPAIR AND MAINTENANCE has been made DISASTROUSLY UNCLEAR by Sectional Title Legislation.

Paramount to know is that all common property is operationally maintained by the body corporate including exclusive use areas. AN OWNER CANNOT REPAIR AND MAINTAIN HIS OWN EXCLUSIVE USE AREA.

Also paramount to know is that AN OWNER ALWAYS PAYS FOR THE REPAIR AND MAINTENANCE OF THE EXCLUSIVE USE AREA either by way of an additional levy or for the actual cost thereof and never the Body Corporate.

Finally paramount is that a BODY CORPORATE CANNOT CHANGE THESE LEGISLATED FACTS by attempting to make Rules to the contrary. Such Rules will be void and unenforceable.

Kind Regards

The ALA Community Schemes Department