An exclusive use area in a Sectional Title Scheme means a part of the Body Corporate’s common property which is used exclusively by an owner or owners of sections. These owners are then usually responsible for the upkeep of the exclusive use area and they are also then burdened with a higher levy than he would otherwise have paid to the Body Corporate.
Exclusive use areas can be obtained by either registering a Rule, granting an owner an exclusive use right, This is then referred to as a Section 27 (A) Exclusive Use Right. When applying in accordance to this rule, the following shall apply:
1) This rule shall not create rights as contemplated in Section 27 (6); (These rights can thus not be held under a mortgage bond)
2) The rule shall include a layout plan to scale on which the locality of the area is clearly indicated and the purpose for which such area may be used;
3) This rule shall include a schedule indicating to which Body Corporate Member such part is allocated.
Exclusive use areas can also be granted in terms of Section 27 in which an owner obtains an exclusive use right regarding an area, and this right is transferred to the owner when transfer of the section takes place. These exclusive use rights are normally parking areas, garages and gardens. These rights can be held under mortgage and can be alienated to another member of the Body Corporate. Cancellation of this exclusive use right is done by registration of a notarial deed of cancellation, with the written consent of the mortgagee of the relevant section. This notarial deed should also include a special resolution of the members of the body corporate.
An owner of an exclusive use right is responsible for keeping the area clean and in a neat condition and may not use this exclusive use area for any other purpose as shall cause a nuisance to any occupier of a section.
Should an owner fail to repair and maintain this exclusive use area, and the Body Corporate has given the owner a thirty (30) day written notice to do so, the Body Corporate, according to Section 44(1)(c) of the Sectional Titles Act, shall be entitled to remedy the owner’s failure and to recover the reasonable costs of doing so from the owner.
[A word of appreciation to Ashleigh from Omni Estates]