Page 71 - Q&A.indd

The following two points should also be considered, namely nuisance
and maintenance.

With regards to nuisance, it must be considered whether the spa
bath may cause a disturbance or nuisance to the other sectional title
owners. Spa baths can be noisy and even visually cause a nuisance
to other owners which may result in the body corporate requiring the
removal of the spa bath. Additionally, such a spa bath will require
maintenance and cleaning. Failure to do so may affect the cleanliness
and hygiene of your unit and potentially result in the body corporate
requiring its removal.

It is important that the above factors be carefully considered before
you install a spa bath, and rather obtain the necessary consents
beforehand to avoid later disputes. It is also wise to scrutinize the rules
of your sectional title scheme to check for any prohibitions or specific
consents required for such an installation.

Who can park where in a sectional title
scheme?
January 2017

“In the sectional title scheme where I live there is constant
fighting and arguing about who may park where and who is
responsible for the maintenance of these parking spaces. My
question is: who decides which parts of the scheme will be Property
allocated for parking bays, who may use them and who must
maintain them?”

When it comes to parking bays in a sectional title scheme it is important
to keep in mind the type of ownership that one has in a sectional title
scheme. Firstly, you will have full ownership of your section that you
purchased. Secondly, you will have an undivided share in the common
property of the scheme. Thirdly, but not in all schemes, you may have
a right to an exclusive use area such as a parking bay or a garden
area. This does not imply full ownership, but a mere right to use part
of the common property with the exclusion of the other owners. It is
important to remember that exclusive use areas are still part of the
common property of the scheme and therefore any final decision
pertaining to that specific part of the common property rests with the
body corporate of the scheme.
The owner or occupier of a section must not (except in the case of an
emergency) without the written consent of the trustee of the scheme

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