How the Sectional Titles Act enforces use restrictions
Category Newsletter: Article
The two main issues that arise from residential sectional title properties is firstly, the use of certain sections for business purposes and secondly, the lack of parking as a result of garages being used for storage.
Being a resident in a sectional title means that you chose a specific location because you related to its nature, sense of community and rules and regulations. Unfortunately in certain situations, not all residents abide by this and you can find yourself on the receiving end of unruly and inconsiderate neighbours.
For this reason it is important to understand how the Sectional Titles Act can reinforce the use of areas for their designed purposes to avoid situations like these.
Section 37
According to Section 37, it is the body corporates’ duty to ensure that all residents comply with the laws on the common property, including, its own activities and the activities of all owners and occupiers.
Section 44
Section 44 enforces this law by limiting the use of each owners’ section or exclusive use area to solely an indicated purpose on the sectional title plan. Exclusive use refers to a component of the property that is co-owned by the owners of the sectional scheme. Areas of exclusivity must also be clearly shown on a drawing and their use specified.
Section 68
In recent times, newer sectional titles have become less specific regarding the use of specific sections, and to counteract this problem a management rule under Section 68 had to be amended. The amendment now ensures that if the use of a section is indicated on a building plan or if a section’s use is obvious from its construction, layout or amenities, it can be deduced that it can only be used for its intended purpose/purposes.
There is however, a mechanism in place to change the use of a section or exclusive use as provided in Section 44 of the Act. The change will require a written consent from all owners in the scheme. If an owner believes that another member/members is refusing to provide written consent due to unfair or prejudice motives, they reserve the right to apply to court for relief.
Dealing with unruly residents in a sectional title is sometimes a reality, however the Trustees of the Body Corporate will ensure that rules are implemented, therefore enforcing said rules and ensuring that certain issues are avoided before becoming a frequent or daily occurrence.
Author: Coastal Property Group
