Page 78 - Q&A Book.indd

Who can park where in a sectional title
scheme?

Corlia van Zyl
January 2017

“In the sectional title scheme where I live there is constant
fighting and arguing about who may park where and who is
responsible for the maintenance of these parking spaces. My
question is: who decides which parts of the scheme will be
allocated for parking bays, who may use them and who must
maintain them?”

When it comes to parking bays in a sectional title scheme it is important
to keep in mind the type of ownership that one has in a sectional title
scheme. Firstly, you will have full ownership of your section that you
purchased. Secondly, you will have an undivided share in the common
property of the scheme. Thirdly, but not in all schemes, you may have
a right to an exclusive use area such as a parking bay or a garden
area. This does not imply full ownership, but a mere right to use part
of the common property with the exclusion of the other owners. It is
important to remember that exclusive use areas are still part of the
common property of the scheme and therefore any final decision
pertaining to that specific part of the common property rests with the
Property The owner or occupier of a section must not (except in the case of an
body corporate of the scheme.

emergency) without the written consent of the trustee of the scheme
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

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