Maintaining Hot Water installations in a Sectional Title Scheme

The responsibility to maintain, repair or replace any hot-water installation that provided a flow of hot water to a section is for the owners’ account. The device may be on common property and be insured on the scheme’s insurance, however, the excess and/or shortfall should the maintenance, repair, or replacement be a claimable event will be the responsibility of the owner to settle.

Written proof must be provided within seven days by the member that settlement of the excess and/or shortfall to the scheme.

This is in accordance with prescribed management rule 31(1) and prescribed management rule 23(2)(b):

“Notwithstanding that a water-heating installation forms part of the common property and is insured by the body corporate, a member must maintain, repair, and, when necessary, replace such an installation which serves that member’s section or exclusive use area; provided that where such an installation serves sections owned or exclusive use areas held by more than one member, the members concerned must share the maintenance, repair and replacement costs on a pro-rata basis.”

Prescribed management rule 23(2)(b) provides that - “A member is responsible for any excess amount that relates to damage to any part of the buildings that member is obliged to repair and maintain in terms of the Act or these rules and must furnish the body corporate with written proof from the insurer of payment of that amount within seven days of written request.”

Note: The illustration below shows that the hot water appliance (geyser) is situated within the common property but the responsibility of the member to repair, maintain, and replace if required.

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