By The Paddocks Club Team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

The use of a verandah on the top unit

Member’s question:

Good day,

I have a question about the exclusive use area, if it is exclusive use area.

All the top units in our complex have a verandah, usually an open verandah. I am not sure if the verandah is an exclusive use area or part of the unit. Some of the owners already modified their verandahs. The Rules of Conduct prohibit people to ‘braai’ on the common property except for the pool area. Does that include the verandahs of the top units?

Thank you all in advance

 

Anton’s reply:

Hello

Verandahs, balconies and patios could be either part of the section or they could be common property, either unregulated (less usual these days) or subject to exclusive use rights.

You need to look at the sectional plan for the scheme to see whether the verandahs are part of the section or common property. The plan should be absolutely clear about that fact.

If the area is subject to registered exclusive use rights, it will be clearly marked as such on the sectional plan.

If they common property but are not marked as exclusive use areas on the plan, they could be subject to rule based exclusive use rights, so you would need to check the scheme rules in the scheme’s register. Both the sectional plan and the applicable rules are in the register at the local Deeds Office.

The trustees or managing agent should be able to show you the sectional plan and the rules and give the necessary explanations.

A “no braai” rule probably includes exclusive use verandahs, as they are still common property.

 

Limiting power supply of owners in arrears

Member’s question:

Good day

In our endeavours to manage the arrears at a complex please advise is it acceptable to limit the power to a unit.  In other words we would not be violating the basic right to electricity.  Please advise on the legalities.

 

Carryn’s answer:

Dear Julie

The trustees cannot limit the power to a unit if the owner is in arrears.

The owner will have a legal claim for a mandament van spolie.

I wrote an article that explains this in more detail.
Read here.

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Article reference: Paddocks Press: Volume 10, Issue 8, Page 4.

Professor Graham Paddock, Anton Kelly, Carryn Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – August 2015 Edition.