Exclusive-use areas often cause problems in older buildings

IN 1977, when the first Sectional Titles Act came about, many buildings were converted into sectional title units but exclusive- use areas weren’t properly defined.

When the newer act was drawn up in 1986, the old act was converted but this aspect of managing exclusive-use areas had not been cleared up.

This causes problems many years later when owners selling their sectional title units become confused about what they own or can sell.

Michael Bauer, general manager of IHFM property management company, says there are many older apartment buildings in Sea Point, for example, where the parking bays have been passed from one owner to the next, without establishing who owns them. What could have been a rented parking bay is sometimes mistaken for one owned outright and is sold with the unit.

“In one particular case, where a building had been converted, the sectional title was registered in 1980, so it fell under the old act, and when the conversion came into use, the sectional plans were not entirely clear.

“There was a garage that had been shown as common property, whereas now it was an exclusive-use area.

“It took a long investigation to work out who owned it, and what had happened, and then it had to be changed to an exclusive-use area.

“The issue here, more importantly, is the fact that it was sold a few times, as part of a section where it shouldn’t have been,” says Bauer.

“Over many decades, several mistakes can be made. Door numbers and section numbers are sometimes mixed up and sometimes one owner could have had more than one garage and sold off one that was never transferred.

“There have also been instances where extensions to units and section plans don’t tie up. This can have huge implications if there is a problem with illegal extensions that cause damage to the surrounding units.

“The problem of responsibility for repairing the subsequent damage comes in, because it is no longer just the owner’s unit involved … and the body corporate’s insurance is not likely to cover any of it.

“The conduct rules and sectional plans must always correspond with what is in the scheme and it is up to the trustees to ensure that any changes made are all done according to the act.”