I own a sectional title unit. The walls of my two bedrooms also are the boundary wall of the property, and underneath my unit (and specifically these two boundary-wall bedrooms)runs the stormwater pipe serving the entire block (4 units + 1 seperate unit). It turns out that my complaints of rats and mice, as well as dampness in my interior walls, are the result of a corroded stormwater drain (we witnessed when it was finally opened and spilt out). The BC did repairs to the outside of the boundary wall, and after reneging on their undertaking,I had no choice but repair the inside as well - my tenants vacated. Now the BC refuse to compensate me for inside damage which happened over years, and I did complain.
State/Country relating to question: South Africa
Lots of letters to the Body Corporate and Managing agent,trying to hold them to their undertaking of tending to the structural needs of the building before "beautifying". When they reneged on their undertaking to fix the inside of the boundary wall, I set the cost to myself to have this done (my tenants vacated) off against a special levy for "beautifying" and painting to the entire block.
Dear Sir / Madam,The Body Corporate is responsible. There are no two ways about it. The Body Corporate has the responsibility of the structural integrity of the building. It is clear the trustees were negligent in the past in not attending to the problem. They might have incurred personal liability for their negligence.I would advise you to consult an attorney in order to institute action against the Body Corporate for recovery of your costs, or if the Body Corporate is taking action against you for payment of the special levy, consult the attorney to defend such action. You have a valid counter claim to any such action that they might take.Regards,Barend
BLC LLB (Pret) LLM (Augsburg)
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