Wesley is an associate in STBB’s litigation department in Cape Town. Wesley obtained an LLB degree in 2014 and an LLM degree in Constitutional and Administrative Law in 2015. After completing his articles of clerkship with STBB, Wesley was admitted as an Attorney of the High Court in February 2018. Wesley specialises in sectional title dispute resolution, contractual litigation, public law, property law, evictions and debt collection. Wesley has experience with managing high caseloads and meeting deadlines simultaneously. Wesley’s experience includes advising on the High Court process, drafting memoranda of advice and conducting legal research, facilitating debt collection processes (High Court and Lower Courts), drafting and facilitating court processes, advising on mediation and arbitration processes, and managing disputes before the Rental Housing Tribunal and the Community Schemes Ombud Service.

Thought of the Week | Common Property Problems Cause Damage to Section: Can I Claim?

The Sectional Titles Schemes Management Act obliges the body corporate to maintain a scheme’s common property. Owners are in turn required to repair and maintain their sections.

Is the body corporate, as a result, automatically responsible to arrange and pay for the repair of damage to an owner’s section if it results from some defect or failure in the common property? The short answer is no, as the Act does not automatically hold the body corporate liable for consequential (ensuing) damages.

An owner may therefore request the body corporate to pay for the damages caused by defects arising out of the common property, but if the body corporate refuses to pay, the owner must then proceed to either enforce their common law rights, or the owner may consider filing an application with the Ombud against the body corporate for an order requiring the them to have the repairs and maintenance carried out.

For more, read here. Contact us for assistance in all your sectional title disputes.