In terms of section 5(5)(a) of the Sectional Titles Act 95 of 1986, as substituted by section 2 of Act 11 of 2010, the boundaries of a section shall be defined by reference to the floors, walls and ceilings thereof. Any window, door or other structure which divides a section from another section or from common property, shall be considered to form part of such floor, wall or ceiling. In layman’s terms this means that the median line of a section will always pass through the centre of exterior windows, doors and other structures built into the section’s exterior walls, floor and ceilings.
From a maintenance perspective, the “outer skin” of the unit is common property and must thus be maintained by the body corporate. Should a window crack or break through hail damage, the cost of replacement must be shared equally by the owner of the section and the body corporate. However, this will usually be covered by insurance.
Should you require more information, please do not hesitate to contact us.
TONKIN CLACEY PRETORIA
012 346 1278