Maintaining and repairing exclusive use areas
By Auren Freitas dos Santos We deal with a number of disputes relating to exclusive use areas in sectional title schemes. The majority of disputes involve disagreements about who is … Continue reading
Enclosures and decks – section extensions or not?
By Paddocks The Sectional Titles Act, 95 of 1986 (“the STA”) defines a section as an area shown as a section in the sectional plan for that scheme. The STA … Continue reading
Exclusive use in sectional title schemes – benefit or burden?
By Anton Kelly The concept of exclusive use is unique to sectional title schemes. It means that although all owners own all the common property in undivided shares, they can … Continue reading
Legal nature of exclusive use rights
By Dr Carryn Melissa Durham In terms of section 2(c) of the Sectional Titles Act 95 of 1986 (“the Act”), all the owners of sections in a scheme own all … Continue reading
Owner’s failure to maintain their section or exclusive use area
By Dr Carryn Melissa Durham Prescribed Management Rule (“PMR”) 70 provides a remedy for the body corporate where an owner either fails to repair or maintain their section or fails … Continue reading
Change of use
By Carryn Melissa Durham It often occurs in sectional title schemes, that owners use parts of their sections or exclusive use areas for a purpose other than it was originally intended … Continue reading
Thinking Inside the Box 