Home
/
Our Insights
/
Article Detail
/
Home
/
Home
|
Login
Our Team
Our Expertise
Our Insights
BOOK CONSULTATION
SUBSCRIBE
Our Team
Our Expertise
Our Insights
You can share this article in the following networks2:
What to do if my pesky neighbour keeps parking in the visitors parking area
06 January 2021
843
“One of the residents of the sectional title scheme I live in, constantly parks his vehicle in the parking bays designated for visitors. This is frustrating as there is limited visitors parking and often visitors are forced to park outside the scheme which is inconvenient and a safety risk. What can be done about this resident?”
An owner of a sectional title unit has full ownership of the section as well as an undivided share in the common property – usually the area where visitor parking is located. General visitor parking is for use by all the residents of a sectional title and as such the owner or occupier of a unit is not allowed to park any vehicle or allow any vehicle to stand on such visitor parking if not as a visitor.
Resident vehicles may only be parked in the parking bay allocated to the unit owner either in terms of a registered notarial deed or in terms of the rules of the scheme. A vehicle of a resident may therefore only be parked or allowed to stand on visitors parking in the case of an emergency or with prior written consent of the trustees of the body corporate of the scheme. If the consent is granted, the duration thereof must be clearly indicated.
But what happens if a resident parks or allows someone (non-visitor) to park in visitors parking without such consent?
Obviously, the first step is for the body corporate to ask the resident to stop the transgression. The rules of the scheme may even provide for sanctions like a fine to be imposed on the resident. If however that still does not work, the trustees of the scheme are entitled to deal with any breach by a member of the body corporate of the rules of the scheme with the use of various enforcement measures, including the institution of legal proceedings through which the body corporate takes legal action against the resident to stop the resident from continuing with the action. Should the body corporate fail to take such action, individual residents as well as any person who is a party to or materially affected by a dispute, can bring an application to the Community Schemes Ombud Service for assistance.
Previous
Is a power of attorney an abdication, or temporary delegation of your authority to act?
Next
51% black equity tender pre-qualification criteria found to be invalid
Related Expertise:
Dispute Resolution
,
Property Transfer
Tags:
Body corporate
,
Property
,
Sectional Title
,
Sectional Title and Community Schemes
Share:
Talk to us
Get in touch with us to discuss how we can help you with your Dispute Resolution challenges
Get in touch
Popular Insights
When and how can a trustee resign from a trust?
Can a sale in execution proceed while an appeal hangs in the balance?
Capital gains distributions between trusts – who gets taxed?
Related Insights
Don’t forget about POPIA when using WhatsApp for business communication
Don’t forget about estate duty when doing estate planning
Victory as Muslim marriages are now recognised in South Africa
Recent Insights
Don’t forget about POPIA when using WhatsApp for business communication
Don’t forget about estate duty when doing estate planning
PODCAST: What to consider when installing a generator on your property
You can share this article in the following networks:
Contact Us
+27 51 400 4000
law@phinc.co.za
Back to top