Page 79 - Q&A Book.indd

and the body corporate has not been established the registrar may
issue a certificate of real right to exclusive use.
After registration - This phase starts the moment any person other than
the developer becomes owner of a unit in the scheme and the body
corporate is established. The developer of the body corporate may
make management or conduct rules which confer rights of exclusive
use and enjoyment of parts of the common property upon members
of the body corporate. These rules must include a layout plan on which
it clearly indicates the locality of the exclusive use areas (eg. parking
bays); the purposes for which such areas may be used and include a
schedule indicating to which owner such an area is allocated to.

Like most decisions in a sectional title scheme a resolution should be
passed by the body corporate to give effect to this process. Should a
resolution be obtained the amended rules must be lodged together
with the prescribed application form with the Sectional Title Ombud,
who will check the rules and approve them.
The owner of the right to exclusive use will have the responsibility to
maintain the parking bay allocated to him in a good state. Should
the owner of the right refuse or fail to do so despite written notice to
him, the body corporate may effect the necessary maintenance or
repairs and claim the cost from that specific owner where the failure
threatens the stability of the common property, safety of a building or
materially prejudices the interest of the body corporate. In the case of
an emergency no such notice needs to be given. The body corporate
may also request the owner of the right, whether or not such right is
registered or conferred by the rules, to make additional contributions to Property
the fund for administrating that part of the common property.

Should you have further questions or concerns regarding the parking
bay allocation in your scheme, we would advise that you consult with
a property specialist that can help you clarify the parking allocations.

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