In addition to his obligations in terms of section 44 of the Act, Management Rule 68(1)(v) states that an owner shall maintain the hot water installation which serves his section, or, where such installation serves more than one section, the owners concerned shall maintain such installation pro-rata, notwithstanding that such appliance is situated in part of the common property and is insured in terms of the policy taken out by the body corporate.
Who then, is responsible for cold water leaking pipes?
In terms of Section 37(1)(p) of the Sectional Titles Act 95 of 1986 as amended, the Body Corporate shall maintain and repair (including the renewal thereof, where reasonably necessary) pipes, wires, cables and ducts existing on the land and capable of being used in connection with the enjoyment of more than one section, or of the common property, or in favour of one section over the common property.
In light of the above, the Body Corporate is solely responsible for maintaining and repairing leaking pipes when such pipes carry water to and from sections, or to and from the common property. If a leaking pipe only serves one section, and is situated within the boundaries of that section, the owner is responsible to maintain and repair such leaking pipes.