call : +27 (0) 82 492 2263
email : theresa@propat.co.za
Sectional Title in a nutshell

Sectional Title in a nutshell :


In your SECTION you can do almost, anything, unless it affects the structural element of the section, or complex, or unless pipes are involved.


In or on your REGISTERED EXCLUSIVE USE AREA, you need Trustees permission to put up a structure.


When we deal with COMMON PROPERTY, an owner cannot erect a structure without unanimity.  The exception is if its a minor alteration or addition as defined in Conduct Rule 4 – Then you need Trustees permission.


If an owner wishes to EXTEND the section, he will require a special resolution (75% to agree) of the Body Corporate, and Surveyor General approval.


If the Trustees wish to place structures on the COMMON PROPERTY, it must ascertain whether the structure is a luxurious (MUST HAVE) OR NON-LUXURIOUS (Nice to have) improvement (?)


Depending on the answer – Body Corporate will require a UNANIMOUS (80% VOTE) or SPECIAL  (75% VOTE) resolution of owners.


Bear in mind that whatever happens, if a structure creates a nuisance for other owners, it will not be permitted.  Further to that, and most important if it affects the proprietary right of any owner, it will require each and every owner’s WRITTEN consent.


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