With many South Africans opting to reside within community schemes for the purposes of safety, one of the most popular types of residential schemes are sectional title developments. Stemming from these complexes is a recurring dispute: Exclusive Use Areas (better known as “EUAs”).
An Exclusive Use Area is as the name denotes – an area by which an owner holds the exclusive right to use and enjoy, to the exclusion of the other members of the scheme. EUAs can come in the form of garden areas, courtyards, parking bays, and more. The only requirement for an EUA right to be enforceable is that the EUA must be duly registered in the Deeds Office.
Notwithstanding the fact that an EUA is a legally recognised right, other members of a sectional title scheme may find themselves in trouble for trespassing in another owner’s EUA. If the trespassing is persistent, the aggrieved owner can hold the body corporate of the scheme liable.
Alternatively, the affected owner can pursue legal action against the trespasser, which can include: an Interim Protection Order to refrain from trespassing; interdictory relief from the High Court regarding the trespassing and; an order from the Community Schemes Ombud Service for the trespasser to refrain from such conduct.
It goes to show that EUAs are not a playing matter as the boundaries of each EUA in a scheme must be respected by all members of the scheme, otherwise offenders will find themselves facing a mountain of litigation and court orders.
4 Comments
I have had reason recently to look at the law as it might apply to a tenant who ha rented a property which has an exclusive use area. Specifically in my instance it related to who is responsible for the upkeep of the small garden which was the exclusive use area. There seems to be a number of bits of law that can be used for this. I read through most. What I found was disappointing. Unless one has the gazette notices which apply and know how to read the law , one would have to find an expert conversant with many areas of law. Without that the opinions are a free for all. There does not seem to be much which one is compelled to take into account. And many different views from law firms. I do not have a dispute as yet. But it may become one soon.
It depends on the scheme’s registered rules relating to that EUA. If there is a registered rule obligating the owner/occupier to maintain their allocated EUA, then they are responsible. However, if the registered rules state that the body corporate will maintain the EUA, then it would be their responsibility.
My neighbours keep parking like ten vehicles on the common property in my complex. It is annoying because I get parked in and cannot leave my unit because the common property gets blocked. I complained to the trustees but they do not want to do a thing because they are friends. What can I do?
If your neighbour is obstructing the CP and preventing you from accessing/leaving your unit, then that is a breach of the STSM Regulations PCRs. If this is a regular issue, the cost-effective method of resolving it is to issue a written notice your trustees instructing them to take action and prohibit the obstructive behaviour of your neighbour on CP. If the trustees fail to take action, you can take a CSOS case against your neighbour prohibiting them from obstructing the CP in relation to your access to/from unit, to which it is important to present the evidence of these obstructions for the adjudicator’s consideration. The other route that can be taken is to engage an attorney to send a letter of demand to the trustees, with the prospect of seeking an interdict against the neighbour – bearing in mind that this method is more costly and would require further consultation with a legal practitioner.