In many sectional title schemes, owners and tenants have tacit arrangements, generally established over long periods of time, about who is “entitled” to park where.
Many people really believe that a particular parking bay is “theirs”, although legally they have no greater right to use it than anyone else in the scheme.
Provided it is not a contentious issue, formalising the situation relating to parking bays in these schemes will be beneficial to the owners of sections – their sections will be more valuable because they can be sold with parking bays legally attached – and to the body corporate, as it will legally be entitled to recover money from owners in relation to the costs it expends on the parking bays.
There are two ways in which a body corporate can create rights to exclusive use areas. The first is in terms of section 27 of the Sectional Titles Act 95 of 1986 and is registered on the scheme’s sectional plan. The second is in terms of section 27A, which is created in terms of the scheme’s rules. The section 27 procedure is expensive because the services of a land surveyor or architect must be employed, is time consuming and requires a unanimous resolution of the body corporate, which is very difficult to obtain. The procedure in terms of section 27A, however, is much cheaper and easier as it does not require the services of a land surveyor or architect and only requires a special resolution of the body corporate if conduct rules are made.
Section 27A of the act allows the body corporate to make rules, either management rules by unanimous resolution or conduct rules by special resolution, which confer rights of exclusive use and enjoyment of parts of the common property on members of the body corporate. It also requires that the rules include a layout plan to scale, which clearly indicates the locality of the distinctively numbered exclusive use areas, as well as the purpose for which the areas will be used and an allocation schedule detailing which owner will be entitled to use and enjoy each exclusive use area.
Jennifer Paddock is a sectional title specialist. Visit www.paddocks.co.za for a schedule of training courses, or for free sectional title advice go to www.sto.co.za.
Article Source: Paddocks Press
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Dear Jennifer,
Can you possibly assist me?
An unknown party has left their vehicle in the parking bay of a flat that I own and rent out in Stellenbosch. The vehicle also has an expired license.
This unlicensed, unauthorized vehicle of unknown ownership and unknown relationship to the block of flats, has now stood “abandoned” for at least six weeks in my parking bay preventing the use thereof by my tenant (whose own vehicle is now forced to stand unprotected in the street).
All efforts to track the owner have failed. These efforts have been considerable.
The flats Trustees, the Body Corporate, Property Managers etc have indicated the vehicle is located on my private property and therefor my problem and I should take the matter up with SAPS and the traffic department. Both of the latter have indicated that, as the vehicle is standing on private property, they cannot respond.
It is possible, but not known for certain, that the car could have been left here by a student. The new term is due to start in a months time only.
Any advice you have would be much appreciated.
Kindest regards
Grant