USE OF SECTIONS AND EXCLUSIVE USE AREAS

More often than not owners use parts of their section, or exclusive use area, for purposes other than that for what it was originally intended to be used for.

Section 44(1)(g) of the Sectional Titles Act 95 of 1986, read in conjunction with Management Rule 68(1)(v) clearly provides that an owner/holder shall not use a section or an exclusive use area for any other purpose than that for what it was intended for, without written consent of all owners.  However, Section 44(1)(g) of the Act allows an owner, who is of the opinion that any refusal of consent of an owner is unfair, prejudicial or inequitable, to apply to court for permission to use the section or exclusive use area for another purpose than that for which it was intended.

(See also Bonthuys and Others v Scheepers CA 303/2006 [2007] ZAECHEC) and CujeJacoby and Another v Kaschub and Another 2007 3 SA 345 (c).