Neglect has consequences: Lessons from the Eze v Adderly Judgement

In the complex field of property law, the duties of a body corporate within a sectional title scheme are both critical and far-reaching. The decision in Eze v Adderley Body Corporate and Another offers a compelling reminder of the serious consequences that can result from failing to meet these obligations. The case highlights not only the ongoing responsibility of a body corporate to maintain and manage common property, but also the significant legal liability that may arise when this duty is neglected.

The incident

The case arose from a troubling event that took place in March 2016 on Adderley Street in Cape Town. Mr. Eze, a pedestrian, suffered a significant injury when a thick wooden panel—measuring approximately 7.5 cm—fell from a balcony structure that formed part of a sectional title building. Investigations revealed that the area from which the wood dislodged was damp, deteriorated, and infested with birds—a clear indicator of prolonged maintenance issues.

The legal dispute

Mr. Eze initiated a damages claim, asserting that both the body corporate and the managing agent had failed in their duty to keep the building in a safe condition. He argued that negligence was established, either through direct evidence or under the legal principle of res ipsa loquitur (the facts speak for themselves).

The court found in his favour, ruling that the body corporate owed a duty of care not only to residents but also to the public at large. It concluded that the building's managers were aware—or reasonably should have been aware—of the deteriorating conditions, and their failure to act amounted to actionable negligence.

Legal and practical implications

This ruling has broad implications for sectional title management. It affirms that the responsibility to maintain common property lies squarely with the body corporate, and this duty cannot be avoided simply by appointing a managing agent.

The judgment also serves as a practical warning: failing to proactively manage and repair common property can expose sectional title schemes to legal claims, reputational damage, and financial loss. It emphasises the need for:

• Routine property inspections

• Timely intervention when maintenance issues arise

• A robust understanding of the scope of "common property" and associated liabilities

A call to action for trustees and managing agents

For trustees and managing agents, this case highlights the critical importance of active oversight. While delegation of day-to-day functions is common practice, the ultimate accountability remains with the trustees and the body corporate. Preventative maintenance, regular risk assessments, and clear communication channels are essential in fulfilling legal duties and protecting the scheme from avoidable liability.

Conclusion

The Eze v Adderley Body Corporate case reinforces the crucial principle that the body corporate in a sectional-title scheme is responsible for maintaining and safeguarding common property. Failure to meet this responsibility through negligence can lead to significant legal and financial repercussions, as demonstrated by the mounting costs and liabilities in this case. This judgment serves as a stark reminder of the need for vigilance and thoroughness in property management, highlighting the importance of prioritising safety and timely maintenance within sectional-title schemes. 

For the full judgment, click here:  Eze v Adderley Body Corporate and Another (1484/2019) [2024] ZAWCHC 7 (22 January 2024)

If you are interested in seeking our legal advice on the above matter, please email info@tvdmconsutlants.com or contact 061 536 3138 today!

Meet the Author

Rizaar Smidt is a Community Schemes Consultant at TVDM Consultants, to read more about Rizaar, click here.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of TVDM Consultants. The content herein is for information purpose only, and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless the application and accuracy has been confirmed by a legal advisor. TVDM Consultants and the author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content.