Median Line in Sectional Title Schemes

According to a quick Google search, the "median" is the middle number, found, by ordering all data points and picking out the one in the middle, or if there are two middle numbers, taking the mean of those two numbers. 

 

Wow! I'm not sure if this is easier or more complicated to understand than the "median line" in sectional title! Let's assume that it is more complicated, especially after reading this article, which I hope will clarify this elusive term in bodies corporate.

 

Let's first understand what is the median line, in layperson's terms. The median line is the "invisible" mid-point between a section and the common property, or between sections. It's important to remember that in the case of exclusive use areas, unless the rules creating and allocating these exclusive use areas, or the sectional plans delineating them, indicate such a mid-point, normally referred to as the extent of the exclusive use area, there is none. In other words, the entire area, delineated on the sectional plans or indicated on the layout plans attached to the rules, will be the exclusive use area. An example would be when a note to a sectional plans indicates that the extent of the exclusive use area garden is "to the inner face, or outer face, or mid-point of the wall surrounding the garden". 

 

Why is it important to understand what a median line is? And, more importantly, why is it important to be able to determine where the median line is? Let's answer this by means of an example:

 

Owner A is experiencing water ingress in their lounge. They believe that the cause of the water ingress is Owner B's balcony. Owner A's lounge is part of their section. Owner B's balcony is a rule-based exclusive use area, and the rules do not specify the mid-point of the balcony. While undertaking investigation, Owner A finds that the water ingress is indeed coming from Owner B's balcony, but also from Owner B's bathroom, being part of the section. Who is responsible for the remedial work required?

 

1. Owner B must repair their bathroom. 

2. The trustees of the body corporate must arrange for the repair of Owner B's exclusive use area balcony, and recover the cost from the contributions paid by Owner B for the exclusive use area.

3. Owner A must repair their lounge. 

 

I can imagine the look of shock regarding 2 and 3 above, but let's deal with that another time!

 

From the above example, you can see how important it is to understand where the median line is between two sections, and between a section and an exclusive use area. The same level of importance will apply to understand the median line between a section and the common property. The above explanation of the "mid-point" between exclusive use areas, as well as an exclusive use area and common property is equally important. 

 

The median line is smack bang down the middle, which includes half way through a wall, ceiling, floor, door or window, including balcony balustrades or railings. Median lines do not only determine who is responsible for repairs, but also ongoing planned maintenance and replacement if maintenance and repairs are no longer possible. 

 

So, before you assume who must do what, take a look at the sectional plans, the rules, and sit down and make sure that you identify the median line, and subsequently responsibility.

 

About the Author

Please click on the following link to learn more about the Author and her company, TVDM Consultants - https://www.tvdmconsultants.com/zerlinda-van-der-merwe