A Property24 reader asks:

 

I live in a complex situated in the Pietermaritzburg area. In December I reported to the managing agents of the complex, a stormwater drain overflow as a result of heavy rains that we experienced in the area. 

Initially it was 'assumed' that there was a possible blockage in the stormwater drain and that this caused the overflow but needed to be confirmed. 

The investigation conducted by the plumber concluded  that there was no  blockage in the aforementioned  stormwater drain, but that the stormwater drain pipe was ‘narrow’ and could not accommodate a large volume of  water thus resulting in the problem. 

I was consequently slapped with a R300 bill on my levy account, which was said to have been charged as a call-out fee by the plumber. 

I have the following questions relating to this incident: 

Does the stormwater drain area fall under what is referred to as common property? Is it not the responsibility of the Body Corporate to maintain this area? 

Furthermore should I have to bear the cost of this inspection by the plumber? 

Should I have been notified that there would be costs involved for the services of the plumber prior to him undertaking to investigate the problem? 

What legal recourse, if any do I have to challenge this matter? 

Phil Calothi, owner and Managing Director of the Cape Town based managing agent company,   Land and Sea Development Services (Pty) Ltd  , advises:

  1. If the stormwater drain is situated on the property registered for your sectional title scheme, it would be part of the common property of the scheme and your Body Corporate (i.e. your Trustees) would be responsible for its maintenance.
  2. If it is on common property you would not have to bear the cost unless you called in the plumber. Only the Trustees and their designated agents are permitted to incur costs on behalf of the Body Corporate. If one of the members incurs costs on behalf of the Body Corporate without authority from the Trustees, the Trustees would be quite entitled to recoup the costs from the member.
  3. If you did not call the plumber, you were not involved so you did not need to know anything.
  4. If you were not involved as described above, refuse to pay the charge and let the Body Corporate try to sue you. They will not have a case against you if they called the plumber.
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