Exclusive Use Area.
The definition in the Act says: “part or parts of the common property for the exclusive use by the owner or owners of one or more sections”. Rather vague though, this is best explained as we categorize the three different types. Firstly no 1. An owner would be entitled to use for themselves to the exclusion of other residents, be it a carport, garage or garden. The developer himself would demarcate these area, however this informal arrangement could be re-allocated by passing a unanimous vote. Clearly this situation would be unsatisfactory. This leads to the second type no 2. At the opening of a sectional title register, the developer would demarcate these areas on a sectional plan and register as such in the deeds office. This takes “first prise” Fully owned right, can be bought and sold. But costly for the developer, should he not register the e.u.a, the area forms part of the common property of the scheme. Many owners think that they own their gardens, carports or garages, when in fact, they don’t. The law has acknowledged this problem, and this leads us to the third type no 3. This is created through the rules of the scheme, better known as the management rules, however not a full right of ownership, can’t be bought or sold.
For more info: contact Charlene Faint on 083 765 2116