Parking bays can be a complex issue

MANY sectional title schemes debate what areas will be allocated to parking, who is allowed to use the bays and who is responsible for their maintenance, says Michael Bauer, general manager of property management company IHFM.

The type of ownership of bays is important because it determines what is done with each bay.

Many bays are common property or exclusive-use areas allocated to a specific unit.

There is often a shortage of bays, and Bauer says this must be dealt with fairly.

Allocation of bays can be decided before or after registration of the body corporate.

The first instance is when the developer is registering the scheme with the Deeds Office and laying out the sectional plan.

If exclusive-use areas on the common property are referred to, the developer imposes a condition whereby the right to exclusive use is conferred to the owner of a particular section, and this is done through a unilateral notarial deed.

After registration of the scheme, says Bauer, the process is more complicated.

“The developer may have made management or conduct rules concerning exclusive-use rights and enjoyment of parts of the common property.

“These should include a sketch plan clearly demarcating the exclusive- use areas – for instance, parking bays – what these areas are used for and a schedule of owners to which the areas are allocated.

“If the rules are amended or rights changed, there must be a corresponding resolution from the owners to this effect and the amended rules with an application form must be submitted to the Community Schemes Ombud Service, who will check the rules before approval,” says Bauer.

“The owner with the right to exclusive use of a bay is responsible for the upkeep of it and is liable to pay an exclusive-use levy.

“If he refuses, the body corporate may, after reminding him of his duty to keep up the good stateof the area, effect any necessary maintenance at the owner’s cost.

“The body corporate has a right to ask the owner using the exclusive-use area for additional contributions to the body corporate fund,” says Bauer.