Who Is Responsible for Damage to Common Property?

The Body Corporate's Basic Duty

Under the Sectional Titles Schemes Management Act (STSMA), the Body Corporate is generally responsible for maintaining and repairing the common property. That includes gates, boundary walls, gardens, driveways, lifts, passages and shared facilities. Levies fund this work.

So if something on the common property is damaged, the Body Corporate normally has to get it fixed. That keeps the scheme safe and protects everyone's property values.

Fixing It vs. Paying for It

This is where many owners get confused. Two separate questions are involved:

• Who must repair the damage? Usually the Body Corporate.

• Who should bear the cost? That depends on what happened and who caused it.

A gate motor that wears out after years of use is ordinary maintenance, and it's paid for from the levy fund. A gate that was rammed by a resident's car is a different matter. The Body Corporate may be able to recover that cost from the person responsible.

Who Might Be Responsible?

Damage can be caused by:

• An owner or their family

• A tenant

• A visitor or guest

• A contractor or removal company

• A delivery driver or another vehicle

• Another resident

Your scheme's registered management and conduct rules matter here. They usually set out an owner's duty to look after the common property and take responsibility for the people they let onto it. In many cases an owner can be held answerable for damage caused by their tenant, visitors or contractors. Always check your own scheme's registered rules, because they can differ.

Report It Promptly

Early reporting makes a big difference. Anyone who sees damage should tell the trustees or managing agent straight away. Delays make it harder to find out what happened, and small problems can grow into expensive ones.

Good records help the most. Where possible, keep:

• Dated photographs of the damage

• CCTV footage

• Security or access-control logs

• Witness details

• Contractor reports and repair quotes

• Copies of any emails or incident reports

When Does Insurance Come In?

Some damage may be covered by the scheme's insurance. Whether a claim makes sense depends on the cause, the cost of repairs and the policy excess. For smaller repairs, the excess may be higher than the repair bill.

Trustees should speak to their broker or managing agent before deciding.

Investigate Before Allocating Costs

It can be tempting to simply charge the nearest suspect or write the cost off as "maintenance". Neither is a safe approach. Trustees should:

1. Establish what happened.

2. Gather evidence.

3. Check the scheme's registered rules and the STSMA.

4. Give the person concerned a fair chance to respond.

5. Decide whether to recover costs, claim from insurance, or pay from the levy fund.

A fair, documented process protects the Body Corporate from disputes and keeps decisions defensible. It also helps ensure that all owners are not paying for damage that one person caused.

Professional Support Makes It Easier

Handling damage claims takes time, careful record-keeping and a clear understanding of the rules. Professional body corporate management in Pietermaritzburg can help trustees investigate incidents, obtain quotes, follow up on recoveries and keep proper records. Whether your scheme is in Pietermaritzburg or elsewhere in KwaZulu-Natal, a NAMA registered managing agent can bring structure and consistency to the process.

For more on what counts as shared property, read: Understanding Common Property vs. Exclusive Use Areas

If you'd like to learn more about our property management services, you can explore our body corporate management offering.

Facing a damage dispute in your scheme? Contact our team and Cenprop Residential can help you work out the next step.