Page 77 - Q&A Book.indd

common property of the sectional title scheme or forms part of your
section. A sectional title unit is defined as a section together with its
undivided share in the common property.

The common property is owned jointly by all the sectional owners
within the scheme, is controlled by the body corporate and is made
freely accessible to all the sectional title owners. A sectional owner who
has a right to the exclusive use of a demarcated area of the common
property, may however exclude other sectional owners from exercising
rights on that part of the common property. Improvements to such an
exclusive use area require the consent of the trustees, which may not
be withheld without good reason.
Should your spa be placed inside your section, then, subject to any
scheme rules that may require such consent to be obtained, there is
no general requirement to obtain consent from the body corporate.
Should the spa however affect the electrical or water supply or require
alterations to the plumbing or electrical installations of the scheme or
possibly have an impact on other sections, the consent of the body
corporate will probably be needed.
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 Property
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.

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