How does an owner in a sectional title scheme go about getting a carport erected over the parking bay that he or she uses? What approval is required and what processes must be followed?There are two possible routes to getting this done, depending on whether the parking bays are unregulated common property or exclusive use areas. It is more likely that parking bays are exclusive use areas.
Exclusive use areas:
An owner may make an improvement to the area over which he or she holds rights of exclusive use, but only with the consent of the trustees. The trustee may not withhold their consent unreasonably, so they need to consider the implications of such a request very carefully. The most obvious implication is that once one owner has a carport, others will want one too. The trustees must therefore consider the overall effect on the scheme of having all the parking bays covered.
At this stage, it seems obvious to consult the body corporate for a general approval of the idea and the look of the carports, and get a conduct rule passed to lay out the specifications and design that must be followed. A secondary benefit of making a rule governing the installation of carports is that the trustees would not need to be consulted before each new carport is installed. In preparation, the trustees should consult local contractors to see what designs and materials are available and the cost of each. The contractors would also know whether the local authority requires building plans.
Unregulated common property:
If the parking bays are unregulated common property, the only way of having carports installed is to make them an improvement to the common property. Carports would almost certainly constitute a luxurious improvement and therefore a unanimous resolution would be needed to approve their installation. One owner unable or unwilling to pay the required share of the cost could prevent the resolution being taken.
It would be a better idea to make the parking bays subject to exclusive use rights. A conduct rule could be used to create these rights, requiring only a special resolution. Both rules could be made at one meeting where the body corporate agrees a design and installation specification together with creating the exclusive use rights.
Article reference: Paddocks Press: Volume 6, Issue 9, Page 1
Anton Kelly is one of the course conveners of the University of Cape Town (Law@Work) Sectional Title Scheme Management course. Next course starts, 5 December 2011. For more information please contact Emma on 021 447 4130 or emma@paddocks.co.za. Sign up and pay before 30 September 2011 and save R750.
This article is published under the Creative Commons Attribution license.
13 Comments.
Immediate adjacent property built illegal storeroom against dividing wall in cluster development. Council stopped completion years ago (2002) as building quota exceeded. Thereafter, Council repeatedly ”could not find” plans for this entire property. Property recently sold and new owner has now completed and roofed the storeroom and refuses to apply for plans and approval by both the HOA and/or the City Council – says it is not his problem. Total eyesore. HOA not supportive. What action needs to be done, or should it be accepted to prevent contention?
Appreciate your advice.
Hi there,
This is unfortunately outside the scope of quick, free advice. I have forwarded your matter to our consulting team, who will discuss this and get back to you with a quote.
Kind regards,
Paddocks
Good day
I am an owner in a small sectional title complex with only 12 units. We have 3 gates where 1 gate services 2 units only and another 2 gates in a L- shape ( one gate on either side of the L – legs) my unit is the corner unit and I already have one carport but would like to make a double carport. all other units in the complex have lovely large double carports but the majority of the owners are not allowing me to extend my carport. None of the area where their carports are erected is exclusive use. What could I do in this case. Regards
Hi Bjorn,
Firstly, you would need to determine the legal nature of the area upon which the existing carport is built as well as the area you propose the carport to be extended onto i.e. common property, EUA, part of section, section, subject to a lease.
If the area is common property, you will need to make an application in writing to the trustees in terms of Prescribed Conduct Rules 4 and 5 of Annexure 9 of the Regulations to the Sectional Titles Act 95 of 1986. If it is an exclusive use area, you will need to make an application in writing to the trustees in terms of Prescribed Management Rule 68(1)(vi) of Annexure 8 of the Regulations to the Sectional Titles Act.
If it is part of your section, or a section of its own, and you wish to extend onto common property, you will need to follow the process set out in Section 24 of the Sectional Titles Act and obtain a special resolution of the owner.
Thanks,
Paddocks
Good day,
We requested permission to erect a carport from our managing agent in 2015, who in turn discussed it with the trustees and emailed us back and said that we could go ahead as long as it looks the same as the rest of the existing carport, which we did. We used the same contractor that did all the other installations. They now threaten us with legal action as they said we were supposed to have approved plans. We did submit our sketches to the managing agent as they were supposed to do a bulk submission, which they did not do. Do we need approved plans? The parking bays are for exclusive use of the owners. Are we in the wrong?
Dear Amanda,
Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.
Kind regards,
Paddocks
Hi, I am a trustee of a small complex (14 Units). Each unit has a dedicated parking bay for exclusive use. We as trustees allowed some units in the complex to have awnings erected in their yard (I take it that this is common property for exclusive use). I have approached the rest of the trustees asking for the permission to erect an awning on my parking bay. My parking bay is completely out of view to the public. My unit is the second last unit in the lower tier and the parking area is located in the area of the last unit. The last unit belongs to one of the trustees. I approached him and he told me that he has no problem for me to have the awning erected. The other two trustees told me that we should take a vote at the AGM. I would like to know what is my legal right as the two trustees has ganged up together as they are related. ps. I told them that the awning will by erected with the same material as what was used in the one trustee’s yard. The job will be done by professionals.
Dear Sir/Madam,
Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you. Alternatively, join us on http://www.paddocks-club.co.za.
Kind regards,
Paddocks
Dear Paddock
Can a home owners associate stop me from installing a carport on my property? I have indicated to the HOA and they summarily dismissed me. I have consulted my immediate neighbours and they have in writing indicated that they have no objections.
Hi Sri,
Thank you for your comment. We would love to help, however we do not give free advice. Here’s how we can help:
– We offer a 1-week Free Basics of Sectional Title short course.
– We offer consulting via telephone for R490 for 10 minutes. Please call us on 021 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes.
Kind regards,
Paddocks
Dear Paddocks
The carports in my complex were erected when the complex was built. Now the wooden trusses under the carports have rotten and need to be replaced. Who’s responsibility is it to pay for this maintenance?
Can a body corporate get exclusive use carports registered to an owners section?
Hi Charmaine,
Thank you for your comment. Our legal team would need to assist with this query. Please send the details of your matter to consulting@paddocks.co.za and the team will provide a no-obligation quote for their assistance with your matter.
Kind regards
Paddocks