Continuing with our Advice from the Experts series, we will over the next few newletters be looking at the Common Property of a sectional title scheme.
Common property in a sectional title scheme includes all areas other than those designated as sections on the sectional plan.
In other words everything outside the section such as driveways, pavements, fences, gates, communal gardens and club houses all form part of the common property.
According to the Sectional Title Schemes Management Act (STSMA)3 main areas:
Common property is therefore owned by all members of the body corporate in undivided shares according to the participation quota of their respective sections.In simple terms, the size of the section determines the size of the share that the unit owner holds in the common property.
Because it is an "undivided share" no one can request the land on which the scheme is built, or any other parts of the common property be divided or separated. This is simply not possible from a practical or legal point of view.
Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title
In Part 2 of this newsletter we will look at Minor alterations to Common Property – Trustee Consent.