Who is responsible for repairing a garage door in a sectional title scheme?
ELA
EstateIQ Legislative Assistant
Responsibility for repairing a garage door depends on whether the garage forms part of a section or is part of the common property or an exclusive use area.
To determine who is responsible, consider the following:
✅ If the garage is part of a section:
The owner is responsible.
In terms of section 13(1)(c) of the Sectional Titles Schemes Management Act, owners must "repair and maintain [their] section in a state of good repair."
✅ If the garage is an exclusive use area (not part of the section but reserved for the owner's use):
Responsibility depends on how the exclusive use right is created:
- If the exclusive use right is conferred by the rules, then section 3(1)(c) of the Act applies. The body corporate must maintain it, but may recover the maintenance costs through additional contributions from the benefiting owner.
- If the exclusive use right is registered by title deed, then the owner generally carries the maintenance responsibility directly.
✅ If the garage is part of the common property:
The body corporate must repair it.
Under section 3(1)(l) of the Act, the body corporate is responsible for maintaining "all the common property" in good and serviceable repair.
Summary Decision Path
| Garage Designation | Who Maintains? |
|---|---|
| Part of the section | Owner maintains |
| Registered exclusive use area | Owner maintains |
| Exclusive use area created by rules | Body corporate maintains, but can charge the owner |
| Common property | Body corporate maintains |
You can verify the garage's designation by checking:
- The sectional plan,
- The rules of the scheme (for rule-based exclusive use), or
- The title deed (for registered exclusive use).
ELL
EstateIQ Legal Lookup
📘 Legislative References
STSMA Section 13 — DUTIES OF OWNERS
13(1): An owner must—
13(1)(a): permit any person authorised in writing by the body corporate, during reasonable hours and on notice (except in case of emergency, when no notice is required), to enter his or her section or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purpose of ensuring that this Act and the rules are being observed;
13(1)(b): forthwith carry out all work that may be ordered by any competent authority in respect of his or her section, other than such work as may be required for the benefit of the building generally, and pay all charges, expenses and assessments that may be payable in respect of his or her section;
13(1)(c): repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition;
13(1)(d): use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners or other persons lawfully on the premises;
13(1)(e): not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier of a section;
13(1)(f): notify the body corporate forthwith of any change of ownership or occupancy in his or her section and of any mortgage; and
13(1)(g): when the purpose for which a section or exclusive use area is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section or exclusive use area to be used for any other purpose: Provided that with the written consent of all owners such section or exclusive use area may be used for that purpose as consented to.
13(2): Any owner who is of the opinion that any refusal of consent of another owner in terms of the proviso to subsection (1)(g) is unfairly prejudicial, unjust or inequitable to him or her, may, within six weeks after the date of such a refusal, make an application in terms of this subsection to an ombud.
STSMA Section 3(1)
A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
3(1)(c): to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs;
3(1)(l): to maintain all the common property and to keep it in a state of good and serviceable repair;