By Jennifer Paddock
Considering the densification of South African cities and the increasing percentage of people with cars, it is no wonder that owners and occupiers of sections in sectional titles schemes often struggle with a lack of parking space. Owners often buy a unit in the scheme “with” a parking bay. However, this does not automatically mean that the buyer owns the parking bay. A parking bay can only be owned exclusively by an owner if it is marked as a section on the scheme’s sectional plan, which is fairly uncommon. More usually, parking bays are common property (owned by all owners of sections in undivided shares) but are either subject to lease agreements in favour of particular owners or to exclusive use rights conferred on particular owners.
A parking bay can be subject to either one of two types of exclusive use rights:
Firstly and more formally, the parking bay can be depicted as an exclusive use area on the scheme’s sectional plan, and the exclusive use right is then ceded to a particular owner by a notarial deed of cession.
Secondly and more informally, the parking bay can be made subject to exclusive use rights in favour of the owner of a particular section from time to time in terms of the rules of the scheme (either a management rule by unanimous resolution or a conduct rule by special resolution).
If the parking bays in a scheme are unregulated common property, as is not unusual, then in theory all owners have the right to use them all, although certain owners may claim that they have rights to a particular bay or bays because they have “always used them”. The owners will normally wish to formalise the use agreements regarding the legally unregulated bays. They can do this by agreeing to make the parking bays subject to exclusive use rights and then allocating or auctioning off the rights to exclusive use of the bays to the highest bidders. This is also a way for the scheme to inject income into its reserve fund and may save a scheme from having to raise a special levy for unforeseen maintenance and repairs.
If a scheme needs more parking bays, what can it do? If the scheme is situated next door to an empty plot, the body corporate could buy the land next door and create exclusive use bays or lease out bays on the newly acquired land. However, this would be an expensive option and there are not many schemes that happen to have an affordable empty plot next door to them. The trustees could propose a non-luxurious improvement to the common property by converting a common property garden area into a tarred or paved parking area. However, this too could be pricey and, if any owner requests a special general meeting after being informed of this proposal by the trustees, a special resolution of the body corporate would have to be passed before the trustees would be authorised to effect the improvement with body corporate funds.
Article reference: Paddocks Press: Volume 5, Issue 10, Page 5
Jennifer Paddock is a sectional title expert. Learn more about the benchmark course in sectional title scheme management, presented by Paddocks in conjunction this the University of Cape Town.
This article is published under the Creative Commons Attribution license.
14 Comments. Leave new
Hi
We bought a unit in a sectional totle. The lady selleing said that we had a extra parking, however on moving in, this was a lie….
Now if someone visits, they have to park outside AND if someone stays over for the night, the car is parked in a public road and its not safe…..
What can be done?
Hi,
please advise, I recently moved into a complex, consisting of 132 units with 152 parking bays.
Parking bays are numbered from 1-152,while units are also numbered from 1-132,this made everyone to assume their unit number will correspond with their parking bays.
however this is not the case, people are now fighting over parking bays.
is it wrong to assume that my unit number equal my parking bay number.
please help
thank you
Hi Lufuno,
Yes it would be incorrect to assume that a parking bay is directly allocated to the corresponding section number, as parking bays can be part of the section, a separate section, a registered exclusive use area, a rule based exclusive use area, common property and common property subject to a lease agreement. In each case different number allocations could apply.
Regards,
Paddocks
Hello,
I would like to know if there’s anything on either SPLUMA, LUPA, or the Cape Town City By-Law on HOAs, that specifies requirements for visitors parking?
Meaning if is mandatory to have visitors parking? How many? And such?
I downloaded the 3 laws from the Municipality site but i cant seem to find the section about this.
Thank you.
Good afternoon,
Our complex only consists of 4 units with a garage and carport per unit. This I assumed to mean that each unit may only have 2 vehicles parked there permanently. One of our owners is parking a third vehicle at his unit and he has been informed by the trustees that he needs to apply for permission to have a third vehicle parked. He refuses to do this. Due to the limited space he has to make use of the owner next doors carport space in order to reverse his vehicle , or those of his guests, out. This is causing friction as he, and his guests, are driving over the edging of the paving, which has had to be replaced twice, as well as, onto the lawn of his neighbour.
Is there anyway the trustees can enforce that each owner may only have 2 vehicles per unit parked on the premises permanently?
Dear Joan,
Thank you for your comment. 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
Hello,
I reside in a sectional title building, consisting of 6 parking bays and 7 dwellings. Thus far some tenants have two vehicles on the grounds and this is causing alot of tension amongst the tenants, and much inconvenience. Please advise what can be done concerning this, as I am not receiving favourable assistance from the Managing Agent. Thank you.
To whom it may concern, I just wanted to know, I have been parking on the same unreserved parking bay for a year, as per floor plan emailed by our company of bays availible for us to park in. Now they want to give the parking bay to a recently promoted manager, as they did not make provision for promotions. Can they do that?
Hi Suphia,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
– We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
– We offer consulting via telephone for R390 for 10 minutes. Please call us on +27 21 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.
Kind regards
Paddocks
Hi
We are three adults, my husband, daughter and myself. My husband has been parking in the visitor parking for the last year and now all of a sudden i received a letter a final written warning that i am parking in unit 1 parking spot. The only signs are visitor parking only and no markings in th common area to say that a visitor parking belongs to unit 1. I have also never received any other notices.
Hi Nicole,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
– We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
– We offer consulting via telephone for R390 for 10 minutes. Please call us on +27 21 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.
Kind regards
Paddocks
Hi there
I am in the process of selling my sectional title. There is a large parking area however it is not part of the premises on plan. Everyone uses the parking area however it is not to say that the premises belongs to the scheme/BC.
Can one sell sectional title without the mention of any parking in order to prevent a potential comeback later on?
Hi Justin,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
– We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
– We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.
Kind regards
Paddocks
Hi there, what are my options if a neighbour keeps obstructing my access and use of my parking bay? I have reported the matter to the estate agents as well as the landlord.