Page 72 - Q&A.indd

park a vehicle, allow a vehicle to stand or permit a visitor to park or
stand a vehicle on any part of the common property other than a
parking bay allocated to that unit or a parking bay allocated for
visitors’ parking, which consent must indicate for how long the consent
was given.
The process to be followed with regards to who decides on parking
bays and who uses it can mainly be divided in two phases:
Before registration - This is the phase where the developer is in the
process of laying out the scheme and registering the scheme in the
Deeds Office. When the sectional plan refers to the reservation of
exclusive use areas on the common property the developer must,
when he applies for the registration of the scheme in the Deeds Office,
impose a condition by which the right is conferred upon the owner of
the section and he will cede the right to the owner by the registration of
a unilateral notarial deed. If no reservation was made by the developer
and the body corporate has not been established the registrar may
issue a certificate of real right to exclusive use.

After registration - This phase starts the moment any person other than
the developer becomes owner of a unit in the scheme and the body
corporate is established. The developer of the body corporate may
make management or conduct rules which confer rights of exclusive
use and enjoyment of parts of the common property upon members
of the body corporate. These rules must include a layout plan on which
it clearly indicates the locality of the exclusive use areas (eg. parking
Property schedule indicating to which owner such an area is allocated to.
bays); the purposes for which such areas may be used and include a

Like most decisions in a sectional title scheme a resolution should be
passed by the body corporate to give effect to this process. Should a
resolution be obtained the amended rules must be lodged together
with the prescribed application form with the Sectional Title Ombud,
who will check the rules and approve them.

The owner of the right to exclusive use will have the responsibility to
maintain the parking bay allocated to him in a good state. Should
the owner of the right refuse or fail to do so despite written notice to
him, the body corporate may effect the necessary maintenance or
repairs and claim the cost from that specific owner where the failure
threatens the stability of the common property, safety of a building or
materially prejudices the interest of the body corporate. In the case of
an emergency no such notice needs to be given. The body corporate
may also request the owner of the right, whether or not such right is
registered or conferred by the rules, to make additional contributions to
the fund for administrating that part of the common property.

66