In sectional title the common boundary between any section and another or between any section and the common property is the median line of the dividing floor, wall or ceiling, as the case may be.
Questions have often been raised in the past as to who is responsible for the repairs and maintenance, and the costs thereof, of doors and windows and any part of the building that falls within these boundaries. On December 7 2010, the Sectional Titles Amendment Act, No. 11 of 2010 was published and in this amendment the median line was established as the centre of any door, window or other aperture, in a section's wall, floor or ceiling. Therefore, regardless of where the door or aperture is situated in the wall, it will be deemed to be the centre and therefore form part of the boundary of the section. This will hopefully guide trustees with regards to the repairs and maintenance obligations of doors and windows, who states that more often than not the 50/50 rule of thumb applies, but that some sectional title schemes have adopted rules, by means of a special resolution, to establish responsibility in this regard. *Martin Bester is the managing director of Intersect Sectional Title Services, who sits on the board of the Residential and Sectional Title Committee of SAPOA and is a committee member of NAMA and the Sectional Title Regulations Board.