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Today: Sep 08, 2010
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| Building Addition to Sectional Title Units |
| Subject to local authority town planning regulations, building restrictions and common law, owners of freehold title properties are free to manage their properties as they please. A sectional title owner however, is governed by a number of additional restraints that set out strict procedures as to how the property must be managed and who is responsible for such management. As an owner in a sectional title scheme, you own your section (flat, apartment, townhouse or freestanding house) exclusively, and you co-own a portion of the common property (all other areas in the scheme that do not form part of the sections) in undivided shares - generally based on the floor area of your section. You may also have rights to one or more of the exclusive use areas which are parts of the common property that have specifically been set aside for your exclusive use. It seems logical that, because you own your section exclusively, in this area you are entitled to make all the decisions on your own and you alone are responsible for maintenance and repairs. Following the same logic, the common property is owned by every owner. Therefore, every owner should be allowed to participate in decisions made regarding its use, and every owner must contribute to its maintenance and repair. This is where the concept of communal ownership comes into play in the sectional title context. Owners can make decisions together and are dependent on each other in terms of the expenses of communally owned areas of the scheme. It has been said many times that co-ownership is the mother of all disputes. For this reason, the legislature has implemented strict rules and procedures to help streamline and control the processes involved in communal decision-making and financing sectional title sphere. The key role players in sectional title management are: 1. the owners - making up the body corporate; 2. the trustees - who are elected by the members of the body corporate as the managers of the scheme; 3. the chairperson - who is elected by the other trustees; and 4. the managing agent - who may be contracted to help the trustees perform the functions of the body corporate. |
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