Common Property, Exclusive Use Areas and Sections

Often these aspects are a bit cloudy, and in this newsletter, I would like to clarify these functions of the trustees in sectional title schemes.

It is important to note that the trustees manage the common property on behalf, and for the use of owners. This includes exclusive use areas.

COMMON PROPERTY

This is the premises on the outside of sections. The trustees have full control over the common property areas and no owner is allowed to change or fix anything on the outside of his section (which forms part of the common property), on the rest of the common property or in communal gardens, without the express approval from the trustees (in writing).

The trustees have the power to make rules on where parking spaces will be made and for what purposes. They have the say about where refuse bins must be stored or placed for refuse collection, and all the other many issues, as more fully described in the conduct rules (Annexure 2) of the Sectional Titles Schemes Management Act or the registered rules of the scheme.

EXCLUSIVE USE AREAS

The exclusive use area of a section (unit) is still common property, even though only one or more units may have the sole use of a certain area. That may be parking or garden areas and even garages.
This is an interesting phenomenon and I want to explain the reason and effect it has on what can be done, should be done and whatnot, within an exclusive use area.
It is important that trustees have control over the exclusive use areas, as the actions of the owner/resident of one unit, may have an effect on the value of other units or the scheme, interfere with the use and enjoyment of other sections, or cause a nuisance to other residents in some way. (there are many more aspects that is relevant). This means that an owner cannot fix anything to the outside of his unit or construct any structure without the approval of the trustees. (If it is a trustee wanting to do that, he must apply like anyone else, and cannot be present when the other trustees decide on his request).
A VERY important aspect as provided for in the management rules (Annexure 1) is that an owner is not allowed to make alterations to a section or an exclusive use area that are likely to impair the stability of the building. This rule, therefore, involves the trustees, also in matters inside the sections!

The owner must keep his section and exclusive use area clean, maintained and in good repair.

THE INSIDE OF SECTIONS

Rule 30 and 31 of the management rules are applicable. The trustees may enter sections for reasons such as inspections regarding any matter that concern the body corporate or any other owner. That may be to inspect cables, leaks, etc. and any other matter, ESPECIALLY structural changes that may have an effect on the buildings. Reasonable times must be arranged, except in urgent instances, when they and/or their contractors, must be given instant access.
Should work or changes be necessary, and the owner does not affect the work as prescribed by the trustees, written notice to the owner must be given to comply within a reasonable time (considering the circumstances). Should the owner not comply, the trustees must proceed with the repairs, etc. and the owner must bear the costs.
It may seem intrusive, but if you are an owner affected by another section, you will be very appreciative of these rules!

I hope that by understanding the underlying reasons, everything will make sense and enhance communication and cooperation between trustees and owners! SHARING is an important concept in sectional title ownership! (and thereby also sharing in the responsibility for the communal good!).