select
|

Allocation, use and maintenance of parking bays in a sectional title scheme

Many sectional title schemes have a recurring problem in common, and that is the debate of who decides on the parts of the scheme that will be allocated to parking, who is allowed to use these bays and who is responsible for their maintenance, says Michael Bauer, general manager of property management company IHFM.
 
The type of ownership of the parking bays is important, as this determines what is done with the bay in question. Many bays are common property or are exclusive use areas (either rule created or as registered as a real right) allocated to a specific unit. In addition to problems of who is responsible for the maintenance or upkeep, there are often parking shortages within schemes, and this needs to be dealt this fairly and equitably, said Bauer. 
 
There are two phases whereby allocation of bays is decided: either before registration of the body corporate or after. 
 
The first instance is when the developer is in the process of registering the scheme with the Deeds Office and laying out the sectional plan.  If exclusive use areas on the common property are referred to then the developer imposes a condition whereby the right to exclusive use is conferred to the owner of a particular section and this is done via a unilateral notarial deed. 
 
After registration of the scheme, the process is very different and much more difficult.  The developer may have made management or conduct rules pertaining to exclusive use rights and enjoyment of parts of the common property.  These rules should include a sketch plan which clearly demarcates where the exclusive use areas are (i.e. parking bays), what these areas are used for and a schedule of owners the areas are allocated to. If, for any reason the rules are amended or rights changed, there must be a corresponding resolution from the owners to this effect and the amended rules with an application form must be now submitted to the Community Schemes Ombud Service, who will check the rules first and, hopefully, approve them.
 
The owner with a right to exclusive use of a parking bay is responsible for the upkeep of this area and liable to pay an exclusive use levy – and if he refuses to do so the body corporate may, after writing to him first to remind him of his duty to keep up the good state and appearance of the area, effect any maintenance necessary at the owner’s cost. 
 
It also has to be remembered that the body corporate has a right to ask the owner using the exclusive use area for additional contributions to the body corporate fund, said Bauer. 


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 18 May 2018
      Home improvements are a great way to add value to your property, but not all of us have bottomless pockets for a full-on renovation. Lucky for us, there are plenty of affordable DIYs that can spruce things up over a free weekend.
    • 18 May 2018
      The need for large office spaces is slowly eroding as more and more employers choose to allow their staff to work remotely. As a result, the home business model has grown in popularity, with many new entrepreneurs choosing to start their business from home rather than in a business district. But, what are the legal implications of operating a business in a residential area?
    • 18 May 2018
      Proxi Smart Services Pty Ltd, a company that deals with the day to day administration of property transfers while the conveyancer attorneys perform the legal side of transfers, lost its bid for the court to allow them to do business in this regard.
    • 17 May 2018
      If you’re a first time buyer, then you are probably only just beginning to realize how expensive furniture can be. That three-piece lounge suite you’ve had on your “Dream Home” inspiration board probably seems like nothing but an unrealistic fantasy to you now. But, a little bit of financial discipline mixed with a dash of smart shopping can go a long way towards helping you furnish your fantasy.
    • 17 May 2018
      In recent years the demand for sectional title apartments – both for rent and to purchase - in Rivonia, which is considered to be one of the most affluent residential and suburbs in Johannesburg, has been incredibly strong.
    • 16 May 2018
      Nestled in the Cape winelands, Franschhoek boasts sumptuous offerings from local food artisans and manufacturers, with a recent addition – craft beer! Visitors to this famed gourmet region can now enjoy Franschhoek Beer Co’s premium craft beer in the middle of wine country, thanks to the brewery’s new restaurant, Tap | Eat.
    • 16 May 2018
      You have found your dream home, your offer was accepted and your bond approved, but now what?
    • 16 May 2018
      Solar energy has exploded over the last decade with the cost of solar panels decreasing, making solar more affordable than ever. Many homeowners have already invested in this to make their homes more environmentally friendly and sustainable, but if you are still investigating the options available to you, this article could assist you in taking that final step towards sustainable living.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK