USE OF SECTIONS AND EXCLUSIVE USE AREAS

  Section 44(1)(g) of the Sectional Titles Act states that:

•  An owner shall:

( g) when the purpose for which a section is intended to be used is shown expressly or by implication on or by a registered sectional plan , not use nor permit such section to be used for any other purpose: Provided that with the written consent of all owners such section may be used for another purpose.

Management Rule 68(1)(i) states that:

68(1) In addition to his obligations in terms of section 44 of the Act , an owner—

(i) shall not use his section, exclusive use area or any part of the common property, or permit it to be used, in such a manner or for such purpose as shall be injurious to the reputation of the building;

(v) shall, when the purpose for which an exclusive use area is intended to be used, is shown expressly or by implication on or by a registered sectional plan, not use, not permit such exclusive use area to be used, for any other purpose. Provided that with the written consent of all owners such exclusive use area may be used for another purpose;

Normally a section is used for residential purposes, a garage, carport or parking area is for parking vehicles and store rooms are used for storing items.

Therefore an owner of a section cannot park their cars or motor bikes in their living rooms, or live or let their garages as bachelor flats, without changing the use of these areas.

As the Sectional Titles Act protects the reputation of the building, it is impossible to allow the use of any section or exclusive use area to be changed to any use that may harm the reputation of the building.

The question is what would harm the reputation of a building. The easiest answers would be from a moral standpoint, e.g. prostitution, slavery, slaughtering of livestock and animals etc.

However, in a complex that requires silence in the afternoon, permitting the use of noisy equipment in the business activities of an occupant who works from home may also harm the reputation of the complex, or at the very least annoy the other occupants. In this situation the owners will not provide their written consent.

The use of a section or area can only be changed with the written consent of 100% of the owners. It is possible to use a special general meeting or the Annual General Meeting to facilitate obtaining this written consent, but a unanimous resolution will not be sufficient. As the act specifically states that the written consent of all the owners is required, it is possible to use a special general meeting or the Annual General Meeting to facilitate obtaining this written consent, but as very few meetings are attended by all the owners it would still leave a few owners' written consent outstanding.

To facilitate obtaining all the owners written consent, the owner should obtain the names, addresses and telephone numbers of all the owners of a complex from their managing agent, or trustees (if no managing agent is employed). This would allow the owner wishing to change the use of their section, or exclusive use area, to contact all the other owners of a complex to obtain their consent.

Owners who give their consent, may also impose restrictions on their consent. E.g. if an exclusive use garage's use was changed from parking of vehicles to a store room, owners may impose a restriction that no paper or flammable material is to be stored in the “garage storeroom”.