The Eze v Adderley Case: A Wake-Up Call for Common Property Maintenance
In the dynamic realm of sectional-title property ownership, recent legal developments have reinforced the paramount importance of the body corporate in ensuring the maintenance and safety of common property within the scheme.
A recent court case, Eze v Adderley Body Corporate and Another, serves as a poignant reminder of the potential consequences when negligence in common property upkeep leads to personal injury and financial liabilities.
Fact of the case
Mr. Eze brought a damages claim due to a personal injury he suffered. The incident occurred while he was walking on the pavement along Adderley Street, Cape Town. The injury took place as he passed under a balcony’s ceiling, part of body corporate, which extends over the sidewalk. A piece of wood dislodged from the balcony’s ceiling, falling on him.
Following the incident, the building supervisor was notified, took photographs, and advised Mr. Eze to seek medical attention. The supervisor believed that the wood had indeed dislodged from the overhanging balcony. Both Mr. Eze and the building supervisor noted that the area of the ceiling where the incident occurred was consistently damp and had become a nesting space for birds.
Mr. Eze’s case was against the body corporate and its managing agent, arguing that they were responsible for maintaining the building, a duty they negligently neglected. In his court papers, Mr. Eze contended that negligence could be proven based on the facts and, alternatively, that it was a clear case of res ipsa loquitur (the facts speak for themselves), implying that negligence could be inferred without additional evidence.
His argument rested on the following points: as the owner of the building, the body corporate had the responsibility to maintain the building and conduct necessary repairs to prevent harm to users and the public passing by. They failed in this duty of care, making them negligent and, consequently, liable for damages sustained by third parties.
The Duty of Care
The Western Cape High Court emphasized the “duty of care” held by the Adderley Body Corporate to maintain a clean and safe building. The judgment stressed the significance of regular inspections, timely maintenance, and repairs to defects. The duty of care extends to alerting the public to safety risks and preventing access to hazardous areas.
As a sectional title property owner, this places a shared responsibility on you, as a default member of the body corporate. Ensuring the overall maintenance of the scheme and confirming the presence of liability insurance is crucial. While property management functions are often delegated to agents, the ultimate responsibility lies with the body corporate and its board of trustees.
Managing agents often find themselves dragged into legal disputes as co-defendants despite the delegation of tasks, managing agents play a pivotal role in the proper management of sectional title schemes.
Common Property
Understanding the term “common property” is pivotal in this context. It includes areas and structures commonly used by residents but not falling within any owner’s sectional-title unit. This ranges from amenities in townhouse developments to outer structures, stairwells, corridors, and lifts in blocks of flats. The monthly levy paid by owners primarily covers the maintenance of these common areas.
Lessons Learned
The Eze case serves as a powerful lesson on the potential consequences of negligence in maintaining common property. Unforeseen incidents resulting from neglected upkeep can lead to legal repercussions and unexpected expenses for both managing agents and the body corporate.
Conclusion
In the spirit of proactive responsibility, owners, trustees, and managing agents must collaboratively address their duty to keep buildings in good repair, fostering a safe and secure environment for all residents. Neglecting maintenance responsibilities can have serious implications, both in terms of personal safety and financial repercussions.
This collaborative effort ensures the well-being of residents and the longevity of the property in the ever-evolving world of sectional title schemes. Regular inspections, timely repairs, and public awareness are not only legal necessities but essential practices to maintain a thriving and secure living environment for all.
Article by Kim Bam, Managing Director at Bam Attorneys
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If you have any questions related to sectional title living, the team at Bam Attorneys are qualified to assist. Email – kim@bamlaw.co.za
