What is a Sectional Title Scheme?

A sectional title scheme comprises of three elements namely: (1) owners’ sections, (2) exclusive use areas; and (3) common property.

A Sectional Title Scheme provides for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property. These schemes fall under the control of the Sectional Titles Act.

What is Comprises an Owner’s Section?

Owners’ sections are the units or houses within a scheme that are individually owned and are registered in the name of the owner. The extent of your ‘section’ or unit is determined from the sectional plans filed in the Deeds Office.

What is an Exclusive Use Area?

Exclusive use areas are portions of the common property in respect of which an owner will pay a levy for the exclusive right of use for that area and which can then be used exclusively by the owner, to the exclusion of all other owners in the body corporate e.g. parking bays, gardens, storerooms, and balconies.

What is Common Property?

Common property is the remainder of all of the land that comprises the scheme (including exclusive use areas but excluding owners’ sections).

All common property is owned by all of the owners in the scheme in undivided shares based on the owner’s participation quota, and is for the use and benefit of all members of a scheme e.g. pool, communal garden or the main driveway.

The rights of use of common property areas can be limited in terms of the rules of the scheme.

What are Levies?

Levies are the monies that you as an owner are liable for and which funds applicable to a scheme (which you as an owner would be liable for).

What is the Sectional Title Schemes Management Act?

The Sectional Title Schemes Management Act (“STSMA”) provides for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and for that purpose to apply rules applicable to such schemes.

The rules prescribed under the STSMA apply to all sectional title schemes.

What is a Sectional Title Dispute?

A sectional title disputes is where a dispute arises between owners, tenants, trustees, neighbours, body corporates and/or third parties which relate to a sectional title scheme (e.g. dispute relating to outstanding levies, nuisance, abuse of the common area, unsafe construction or building operations, etc.).

Most sectional title disputes can be easily resolve through effective communication between all stakeholders. Trustees and managing agents should try to resolve these disputes as soon as possible. However, trustees should be careful not to overstep their mandate when attempting to settle disputes.

If you need assistance with a sectional title dispute, our property law lawyers are highly skilled, experienced and acquainted with these type of disputes. If you need assistance with a property dispute matter, contact our offices today to schedule a consultation with one of our specialist property law attorneys. Alternatively, you can schedule a consultation online by using the following link Book An Online Consultation.