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Parking Bays and the Decisions made by the Body Corporate

HOW DO I "OWN" MY PARKING BAY?

A buyer of a unit in a sectional title scheme may be worried when the property description in the Offer to Purchaser fails to mention the simultaneous transfer of a Parking Bay or Garage Space (“PB1” or “G1” for example).

Parking Bays - Sectional Title Scheme Attorneys Cape Town

However, this does not necessarily mean that the flat or unit is sold without an allocated parking space. It should be understood that Parking Bays can be created in different ways:

Created in terms of real rights

Firstly, the parking bay can be depicted as an exclusive use area on the scheme’s sectional plan and the exclusive use right is then ceded to a particular owner by a notarial deed of cession. (This process is often more expensive).

Certain parts of the common property, called “exclusive use areas”, will consequently be reserved for the exclusive use by the owners in whose favor such real right has been reserved.

Created in terms of the Rules

Secondly and more informally, the parking bay can be made subject to exclusive use rights in favor of the owner of a particular section from time to time in terms of either the Conduct or Management Rules of the scheme.

More usually, parking bays are common property (owned by all owners of sections in undivided shares) and the owner of a specific unit shall only be allowed to park on his/her allocated parking bay as provided in terms of the Sectional Title Scheme’s Rules.

WHO DETERMINES THE ALLOCATION FOR PARKING BAYS?

The process can mainly be divided in two phases:

Before registration - This is the phase where the developer is in the process of laying out the scheme and registering the scheme in the Deeds Office.

After registration - This phase starts the moment any person other than the developer becomes an owner of a unit in the scheme and the body corporate is established. The developer of the body corporate may make management or conduct rules which confer rights of exclusive use and enjoyment on parts of the common property upon members of the body corporate. These rules must include a layout plan on which it clearly indicates the locality of the exclusive use areas (eg. parking bay 5 allocated for Unit 5).

HOW CAN THE TRUSTEES CHANGE RULES OF THE SCHEME?

The management rules cover the way in which the sectional title scheme is run.
 
Conduct rules set out how people should behave with regards to common property, whether pets are allowed, refuse removal, use of common areas and more specifically the parking of vehicles.

The Regulations to the Sectional Title Schemes Management Act 8 of 2011 (STSMA) which commenced on 7 October 2016 (STSMA) hereinafter referred to as “the Act”, contain a prescribed set of management and conduct rules.

The rules of the Sectional Title Scheme can be amended:

  1. In terms of the management rules by way of unanimous resolution; or
  2. In terms of the conduct rules by way of special resolution.  

For a unanimous resolution to be passed, every person present or represented at the meeting must vote in favour of the resolution.

For a special resolution to be passed, 75% in number and value of the votes of the members of the body corporate of those present or represented at the general meeting must vote in favour of it.

Velile Tinto Cape – Attorneys Cape Town

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