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 Exclusive Use Areas in Sectional Title Schemes Course Notes, guides trustees and other role players, such as the managing agent, how to deal with exclusive use areas in sectional title schemes.