Sectional Title Advice: Keeping track of parking on common property

Parking space is at a premium in most Sectional Title schemes, so it is not unusual for additional parking bays to be created on common property, says Andrew Schaefer, MD of leading national property management company Trafalgar.

“The Sectional Titles Act provides for this and there is usually no argument when such a move is proposed by the trustees. Problems can and do arise, however, when it comes to the allocation of the extra bays, with some owners wanting exclusive use of certain bays near their sections, and others preferring to keep all the bays as parts of the common property and let them to raise additional funds that benefit all members of the body corporate.

“In addition, there can be a certain amount of confusion about what to do with a parking bay built on common property when the owner who has been using that bay decides to sell his unit.”

Addressing the first issue, he says that Trafalgar has found that the fairest solution is generally for the body corporate to create a rental pool with the additional parking bays and allow owners to lease them on an annual basis.

“Letting of common property in this way is covered in Section 17 of the Act, and such a system also means that the body corporate receives a steady income from the parking, because any bays that go vacant can immediately be re-let to other owners that need them. If necessary, the trustees can even create a waiting list.”

Turning to the second question, Schaefer says that owners who are renting parking bays on common property should note that they are usually not allowed to cede any lease for those bays to anyone else – including the new owner of their unit should they decide to sell.

“One frequently sees advertisements for sectional title properties for sale which state that the unit comes with the use of one or two parking bays. However, if the current owner is renting the bays from the body corporate, these will in all likelihood have to go back into the parking pool and be let to the next person on the waiting list.

“In most cases owners are not entitled to just hand over parking spaces to their buyers, even if they have been renting those spaces for years and have come to think of them as their own. And they certainly cannot include them, or the right to use them, in their sale agreement. 

“Indeed, the only time that a unit owner can sell a parking bay is if it is an exclusive use area in terms of the plans, and we advise anyone who is buying a sectional title unit and being asked to pay for such a space to first confirm that this is actually the case by referring to the sectional title plan.”


  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 16 Jan 2018
      The start of the new year is symbolic of new beginnings. A good time to take stock of one’s possessions as well as how necessary they actually are. However, seeing as the process may appear daunting – a plan goes a long way.
    • 16 Jan 2018
      The Western Cape is still in the throes of a severe drought and many households have to adjust the way they use and save water. It is a little more complicated in sectional title schemes, however, as it is not that easy to implement grey water systems for multiple users and it is also difficult to monitor water usage accurately if there are no separate water meters
    • 15 Jan 2018
      In ideal rental situations, when a lease is signed the tenant will stay for the full duration of his lease without any complications and the landlord will uphold his obligations, creating a win-win situation for tenant and landlord.
    • 15 Jan 2018
      The Atlantic Seaboard’s housing market has stoically withstood the brunt of the growing economic and political instability, consistently achieving double digit growth way above the national average, however, in 2017 South Africa’s most resilient market finally began to yield to the pressure.
    • 15 Jan 2018
      Sectional title insurance can be a little confusing and, as a new owner, you may be tempted to just assume your body corporate has you covered. While this may be the case, understanding the extent of your coverage and your personal liability is the only guaranteed way to protect yourself against potentially costly oversights.
    • 12 Jan 2018
      After an exceptionally good 2016 during which the Winelands residential market outperformed the national average by a considerable margin, 2017 was marked by a difficult winter which saw a notable slump in sales and demand.
    • 12 Jan 2018
      Small spaces can make a big impact. Irrespective of size, an aesthetically pleasing outdoor space can be a major selling point for prospective buyers. “Even if the outdoor area is small and only enough to sit and have a cup of coffee, it might just be the feature that makes the stand out from others in the neighbourhood,” says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.
    • 12 Jan 2018
      The boom of the digital age has opened up many doors to the way we buy and sell property. In the past we used to pop out and pick up the latest copy of the property magazines available, today we switch on the PC or grab our smart phones as online property portals & Facebook has become the new ‘go-to’ for anything, including shopping for your new home from the comfort of your couch.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us