Parking spaces can become a thorny issue

2017-02-22 06:00
Corlia van Zyl

Corlia van Zyl

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Question:

In the sectional title scheme where I live, there is constant fighting and arguing about who may park where and who is responsible for the maintenance of these parking spaces. My question is: Who decides which parts of the scheme will be allocated for parking bays and who may use them?

Answer:

When it comes to parking bays in a sectional title scheme, it is important to keep in mind the type of ownership that one has in a sectional title scheme.

Firstly, you will have full ownership of your section that you purchased.

Secondly, you will have an undivided share in the common property of the scheme.

Thirdly, but not in all schemes, you may have a right to an exclusive use area such as a parking bay or a garden area.

This does not imply full ownership, but a mere right to use part of the common property to the exclusion of the other owners.

It is important to remember that exclusive use areas are still part of the common property of the scheme and therefore any final decision pertaining to that specific part of the common property rests with the body corporate of the scheme.

The owner or occupier of a section must not (except in the case of an emergency) without the written consent of the trustee of the scheme park a vehicle, allow a vehicle to stand or permit a visitor to park or stand a vehicle on any part of the common property other than a parking bay allocated to that unit, or a parking bay allocated for visitors’ parking, for which consent must indicate for how long the consent was given.

For concerns regarding the parking bay allocation in your scheme, consult with a property specialist that can help you clarify the parking allocations.
Corlia van Zyl, associate,
Pha­tshoane Henney Attorneys

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