What is an exclusive use area in a Sectional Title Scheme?

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]

Also view:

Sectional title Insurance – What does it cover and who is responsible?
What are the differences between sectional title and full title ownership?

5 thoughts on “What is an exclusive use area in a Sectional Title Scheme?

  • April 11, 2012 at 7:35 am
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    Is it a requirement in terms of the Act to pay levy towards an exclusive use area (garden) registered in terms of Section 27?
    If so, at what ratio?

  • April 12, 2012 at 8:22 am
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    Owners of sectional title scheme units who hold an exclusive use area, should be required, whenever necessary, to make contributions to the levy fund as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance costs in respect of such exclusive use areas, including the provision of electricity and water, unless in terms of the rules, the owners concerned, are responsible for such costs.

    Groete,

    Ashleigh van Greunen

    P O Box 29821, Danhof, 9310
    Tel: +27 522 9471 / 3 / 5
    Direct Fax: 086 653 4204
    Email: ashleigh@omniestates.co.za

  • September 17, 2012 at 11:27 am
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    Hi, I own a unit in a complex and was informed that my 3 steps and my security gate at my kitchen forms part of the common property.
    Is this true? How do i deal with this?

  • October 11, 2013 at 12:42 pm
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    Is an uncovered parking bay, allocated to a unit no. in a complex, considered Exclusive Use?
    If so, should it then attract an additional levy, as with enclosed Exclusive Use areas, or not?

  • September 2, 2014 at 12:22 pm
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    I do understand now WHAT an exclusive rights area is, but WHY would you go through all the trouble to obtain this right? I am currently chair of the Trustees, and this has come up several times at our meetings and from other owners, thus my interest.

    I really appreciate any feedback you could give me.

    Thanks!

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