Workshop: Exclusive Use Areas in Sectional Title Schemes

Half-day workshop in Cape Town

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15 September 2017

Workshop date

27 September 2017

Course Fee

R1,500 (incl. VAT)
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This half-day workshop covers all the key issues relating to exclusive use areas in sectional title schemes.

Exclusive use areas are one of the most misunderstood legal concepts relating to sectional title schemes. Yet most schemes have registered or rule-based exclusive use areas. Examples of areas that can be made subject to exclusive use include patios, garden areas, balconies, storerooms and parking bays.

Trustees are the elected representatives of the owners in a sectional title scheme and are responsible for doing all things reasonably necessary for the enforcement of the rules and for the control, management and administration of the common property, in terms of the powers conferred upon the body corporate by section 38 of the Sectional Titles Act. They often have little or no understanding of the extensive legal requirements involved in the creation of exclusive use areas; the legal nature of exclusive use areas; and the collection of contributions for exclusive use areas in sectional title schemes. However, they are required by law to manage the scheme in accordance with them and in the best interests of the scheme.

The Paddocks Workshop on Exclusive Use Areas in Sectional Title Schemes, provides the training that trustees and other role players, such as the managing agent, will need to understand how to deal with exclusive use areas in sectional title schemes.

In the first module we introduce the legal concept of exclusive use rights. We will discuss how exclusive use rights were created before the Sectional Titles Act 95 of 1986 (“the Act”) came into operation. We will brie y discuss the two manners in which exclusive use rights can be created. in this way, we will establish the legal nature of exclusive use rights in sectional title schemes.
This module looks at rule-based exclusive use rights created in terms of section 27A of the Act. We once again look at the legal nature of and set out the procedure for the creation of this type of right. We will examine a rule that creates such an exclusive use right. We will inspect the scale lay-out diagram that that sets the boundaries of the exclusive use areas and the allocation schedule that allocates the exclusive use right to an owner. Finally, we will deal with the transfer and cancellation of rule- based exclusive use rights.
Module two focuses on registered exclusive use rights created in terms of section 27 of the Act. in this module we will describe the nature of and set out the procedure for the creation of this type of right. We will examine a sectional plan that contains registered exclusive use rights, to see how the areas are allocated and to establish the boundaries of exclusive use areas. We will also discuss the conversion of exclusive use rights. Finally, we will deal with the transfer and cancellation of registered exclusive use rights.
Module four unpacks the liability to make contributions for exclusive use areas as set out in section 37(1)(b) of the Act. We will also discuss the procedure for giving consent for improvements to exclusive use areas in terms of PMR 68(1)(vi).

Video coming soon!

Anyone who wants to understand how to deal with exclusive use areas and gain a better understanding of the administrative, financial, legal and physical aspects in sectional title schemes.
Laura Tinkler | Portfolio Manager of Sandak Lewin Trust
“I was fortunate that my company, Sandak-Lewin Trust, sent me (and other staff members) on the Paddocks “Exclusive Use Areas in Sectional Title Schemes” workshop, presented by Doctor C Durham.

The course was well structured and covered a substantial (but not too much to absorb) amount of useful information. It was an interactive course and participants were welcome to ask questions or for clarification during the presentation, as well as at the end.

We were presented with a certificate on completion of the workshop. I know that I benefited from the course and would recommend it.”

Meet the Course Instructor

CarrynDr Carryn Melissa Durham

One of the most highly qualified Sectional Title Attorneys in the country (BA, LLB, LLM and LLD), Carryn forms part of the Paddocks Private Consulting Division.