Exclusive use areas (EUAs) in sectional title schemes are parts of the common property whose use has been granted to certain owners for their exclusive use.
And yet, says Berry Everitt, managing director of the Chas Everitt International property group, they are often misunderstood and the cause of serious disharmony and even disputes among residents.
“An EUA could be a parking bay, a carport, a lock-up garage, a storeroom, a private garden or even a balcony, but it is important to realise that it is not defined by limited access or non-use by anyone else,” he says.
“Essentially an EUA must be specifically created and protected by the rules of the scheme, or specifically registered in terms of the Sectional Titles Act, in which case it will be shown on the sectional plan and can even be bonded – and bought and sold among members of the body corporate.
Writing in the Property Signposts newsletter, Everitt says the second important thing that sectional title owners really need to know about EUAs is that the Sectional Titles Act provides for any owner who has the benefit of an EUA, either registered or rule-created, to make an extra contribution to the levy fund to cover costs of rates and taxes, insurance and maintenance.
“And this extra contribution must not be confused with a normal levy. It is not calculated according to a participation quota, as EUAs do not have quotas. The calculation is based on actual costs incurred for the EUA.”
Good Day, A ST complex , built 20 years, with gardens off each unit has in our opinion never been ‘exclusive’ use. However since a new managing agent has taken over 5 months ago, the owners are now informed this is ‘exclusive’ use and that all repairs and maintenance is to be done by the owner. The gardens are serviced by the Body Corporate Funds. With inter leading gates for easy access for maintenance ie garden service, the gates are falling apart – is this cost for owners or the body corporate? Maintenance of patio’s – cost to owners or body corporate funds? Considering in 2007 a special levy was raised to paint the entire complex – including patio’s. What is prescribed in the management rules and does Management Rule 70 and section 44 (1) (c) cover ‘exculisve’ use in it’s entirety? regards
Hi Michael,
I have recently read an article on Balcony Rights.
Could you indicate how we would ascertain under which category our balconies fall?
Below is an extract from the article:
A balcony right could be any of four different kinds. The balcony could be :-
A incorporated within a section;
B a registered exclusive use area (EUA) in terms of Section 27 of the Sectional Titles Act (“the Act”);
C an EAU created by the rules of a scheme either under the 1971 version of the Act or in terms of S27A of the current one, or
D simply an area to which, for all practical purposes, only the owners of the adjacent sections concerned have access.
A type A balcony will fall within the area of the section covered by the sectional title deed of transfer. The type B, C and D balconies form part of the common property.
Many Thanks,
Kind Regards,
Gregory
Good morning Michael
Please assist me with this query.
I bought a flat in 1992, although I rented this place as from 1986. When we bought these places the body corporate acts were only in the
beginning and not all the laws and by- laws were applicable. We had court yards with a wall and the agent at that time agreed we can close
these court yards. The builder handed the plans to the municipality and they were authorized but never registered at the deeds office.
I still have my document confirming this.
Now we have a new chair person as well as a managing agent. According to them all the other people must have plans drawn up and the
laundries must be registered at the the deeds office. Living in South Africa you have to secure your own car even though we have an electrical
gate in front. All of closed the carports with gates and lock them at night as we had numerous cases of car theft or theft from your car.
Some people also added a double roof to the carport as it has two parking spaces and now plans have to drawn up for the carports with double
roofs and also registered at the deeds office.
Should these laundries and carports be registered with the deeds office? We will then pay more levy but that is not the issue.
All the owners had to pay the extra expenses and some bought the flats with these extra laundries.
Regards
Ria