select
|

Sectional Title Advice: Common property use

Section 30 of the Sectional Title Schemes Management Act (STSMA) Regulations deals in-depth with the uses of sections and common property, and it can often be found that owners or tenants within sectional title schemes do not know what these regulations stipulate, and it is up to the body corporate to ensure that any infringements are dealt with timeously, says Michael Bauer, general manager of property management company IHFM.
 
Regulation 30 (a) and (b), states clearly that the common property, sections and exclusive use areas should be used in such a way that does not interfere with others within the scheme, which is also mentioned in the STSMA in Section 13 (1)(d) and (e). This might seem obvious, says Bauer, but there have been instances where parking bays, for example, have been taken up by additional vehicles, boats, or trailers, even though they are not rented by the person using them. Another example is where a storeroom (or garage) has been converted into a living unit or a garage is being used to store dangerous goods.
 
30 (c) and (f) deals with the law or by-laws and the use of areas, and occupants must adhere to the stipulated provisions and use of their particular unit as marked in the sectional plan. If they are in a residential unit then no business may be run from that unit, however small the business may be, says Bauer. It is only if a unit is expressly zoned as commercial and licensed as a commercial unit that a business may be run from there.
 
Owners or occupants may not make alterations to a section or exclusive use area that might impair the stability of the building or interfere with others’ use of sections, the common property or exclusive use area (Regulation 30 (d)).
 
The next point may, too, seem obvious, says Bauer, but 30 (e) states that no occupant may do anything to a section or exclusive use area that might negatively affect the value or use of another section or exclusive use area.
 
Owners and tenants may not (as per 30 (g)) build any structure on an exclusive area that might be seen as an addition to their floor area unless they have the permission from the body corporate and adhere to the requirements of both the STSMA and STA. For example, a balcony may be enclosed with prior written approval by the trustees if it remains a balcony. If the balcony is enclosed and the previously external walls are demolished they create habitable space and therefore extend their section, which requires a special resolution from the body corporate to do so.
 
Sectional title living is beneficial to all in that there are many shared expenses and amenities for those within the scheme, but it is the owners and occupants’ responsibility to sustain the harmony by adhering to rules and regulations so that the body corporate does not have to act against them in some way or another, says Bauer.


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 23 May 2018
      Homeowners who are thinking of selling and “trading up” to a bigger or a better home had better be quick now if they want to get the best deal.
    • 23 May 2018
      The new Loftus Park development in Arcadia is really going to boost the demand for homes and rental accommodation close by and the neighbouring suburb of Sunnyside, says Gerhard Kotzé, MD of estate agency group RealNet Holdings.
    • 23 May 2018
      The importance of correctly pricing a property for sale is more imperative than ever. This is according to Debbie Justus-Ferns, divisional manager of Renprop Residential Sales, who says that despite this crucial selling fact being emphasised so often, in the current market, many sellers are still expecting unrealistic prices for their homes which is having a negative impact on the ultimate sale price.
    • 22 May 2018
      Extreme weather appears to be the new normal, evident by the volume of insurance-related disputes reaching the industry watchdog’s desk. To avoid a situation in which your insurer refuses to pay up, you should proactively ensure that your home is well-maintained and ready for whatever winter has in store.
    • 22 May 2018
      As the impact of technology on the real estate industry becomes more significant, it is clear that there is a need for an objective look at not only traditional real estate models but also online and other alternative low-commission real estate agencies, to examine what they offer and what their impact might be.
    • 22 May 2018
      According to Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, dealing with some sort of neighbour dispute is an unavoidable part of life unless, perhaps, you choose to live on a remote small holding for the rest of your life.
    • 22 May 2018
      Buyers feel that they are getting value for money in the Northcliff area without having to compromise on aesthetics and amenities
    • 21 May 2018
      Secure living is one of the growing property trends in South Africa and Nooitgedacht Estate in Stellenbosch certainly ticks the right boxes for buyers who want a secure, exclusive lifestyle in one of the Boland’s most sought-after estates, says Pam Golding Properties.
        
    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