TMS Novus - Volume 5, Issue 1. January 2014tmsproperty.co.za/wp-content/uploads/2013/10/TMS... ·...
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TMS Novus January 2014 Volume 5, Issue 1 Love Where You Live! Cheré’s Corner... https://www.facebook.com/TMSpropropertymanagement facebook Like TMS Pro Property Management on Facebook Since you're already subscribed to their email updates off of Facebook, TMS Pro Property Management has suggested you like their Page to stay connected. Dear Reader / Client Wow… 2014! Team TMS is very excited about this coming year and is very enthusiastic to give you great service and help you to Love Where you Live. From me to you, let make this year count. Considering the densification of South African cities and the increasing percentage of people with cars, it is no wonder that owners and occupiers of sections in sectional titles schemes often struggle with a lack of parking space. Owners often buy a unit in the scheme “with” a parking bay. However, this does not automatically mean that the buyer owns the parking bay. A parking bay can only be owned exclusively by an owner if it is marked as a section on the scheme's sectional plan, which is fairly uncommon. More usually, parking bays are common property (owned by all owners of sec- tions in undivided shares) but are either subject to lease agreements in favour of particular owners or to exclusive use rights conferred on particular owners. A parking bay can be subject to either one of two types of exclusive use rights: Firstly and more formally, the parking bay can be depicted as an exclusive use area on the scheme's sectional plan, and the exclusive use right is then ceded to a particular owner by a notarial deed of cession. Secondly and more informally, the parking bay can be made subject to exclusive use rights in favour of the owner of a particular section from time to time in terms of the rules of the scheme (either a management rule by unanimous resolution or a conduct rule by special resolution). If the parking bays in a scheme are unregulated common property, as is not unusual, then in theory all owners have the right to use them all, although certain owners may claim that they have rights to a particular bay or bays because they have “always used them”. The owners will normally wish to formalise the use agreements regarding the legally unregulated bays. They can do this by agreeing to make the parking bays subject to exclusive use rights and then allocating or auction- ing off the rights to exclusive use of the bays to the highest bidders. This is also a way for the scheme to inject income into its reserve fund and may save a scheme from having to raise a special levy for unforeseen maintenance and repairs. If a scheme needs more parking bays, what can it do? If the scheme is situated next door to an empty plot, the body cor- porate could buy the land next door and create exclusive use bays or lease out bays on the newly acquired land. However, this would be an expensive option and there are not many schemes that happen to have an affordable empty plot next door to them. The trustees could propose a non-luxurious improvement to the common property by converting a common prop- erty garden area into a tarred or paved parking area. However, this too could be pricey and, if any owner requests a special general meeting after being informed of this proposal by the trustees, a special resolution of the body corporate would have to be passed before the trustees would be authorised to effect the improvement with body corporate funds. Article reference: Paddocks Press: Volume 5, Issue 10, Page 5
Transcript of TMS Novus - Volume 5, Issue 1. January 2014tmsproperty.co.za/wp-content/uploads/2013/10/TMS... ·...
TMS Novus January 2014
Volume 5, Issue 1
Love Where You Live!
Ch
eré
’s C
orn
er.
..
https://www.facebook.com/TMSpropropertymanagement
Like TMS Pro Property Management on Facebook
Since you're already subscribed to their email updates off of Facebook, TMS Pro Property
Management has suggested you like their Page to stay connected.
Dear Reader / Client Wow… 2014! Team TMS is very excited about this coming year and is very enthusiastic to give you great service and help you to Love Where you Live.
From me to you, let make this year count.
Considering the densification of South African cities and the increasing percentage of people with cars, it is no wonder that owners and occupiers of sections in sectional titles schemes often struggle with a lack of parking space.
Owners often buy a unit in the scheme “with” a parking bay. However, this does not automatically mean that the buyer owns
the parking bay. A parking bay can only be owned exclusively by an owner if it is marked as a section on the scheme's sectional plan, which is fairly uncommon. More usually, parking bays are common property (owned by all owners of sec-
tions in undivided shares) but are either subject to lease agreements in favour of particular owners or to exclusive use rights conferred on particular owners.
A parking bay can be subject to either one of two types of exclusive use rights:
Firstly and more formally, the parking bay can be depicted as an exclusive use area on the scheme's sectional plan, and
the exclusive use right is then ceded to a particular owner by a notarial deed of cession. Secondly and more informally, the parking bay can be made subject to exclusive use rights in favour of the owner of a particular section from time to time in terms of the rules of the scheme (either a management rule by unanimous resolution
or a conduct rule by special resolution).
If the parking bays in a scheme are unregulated common property, as is not unusual, then in theory all owners have the right to use them all, although certain owners may claim that they have rights to a particular bay or bays because they
have “always used them”. The owners will normally wish to formalise the use agreements regarding the legally unregulated bays. They can do this by agreeing to make the parking bays subject to exclusive use rights and then allocating or auction-ing off the rights to exclusive use of the bays to the highest bidders. This is also a way for the scheme to inject income into
its reserve fund and may save a scheme from having to raise a special levy for unforeseen maintenance and repairs.
If a scheme needs more parking bays, what can it do? If the scheme is situated next door to an empty plot, the body cor-porate could buy the land next door and create exclusive use bays or lease out bays on the newly acquired land. However, this would be an expensive option and there are not many schemes that happen to have an affordable empty plot next door to them. The trustees could propose a non-luxurious improvement to the common property by converting a common prop-
erty garden area into a tarred or paved parking area. However, this too could be pricey and, if any owner requests a special general meeting after being informed of this proposal by the trustees, a special resolution of the body corporate would have
to be passed before the trustees would be authorised to effect the improvement with body corporate funds.
Article reference: Paddocks Press: Volume 5, Issue 10, Page 5
Office Hours:
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TMS Property Management
Suite 7, Oxers Building
197 Smit Street
Fairland
2195
PO Box 73624
Fairland
2030
Phone: 011 478 3768 | 011 476 53
74
Fax: 011 678 2444 l 086 731 6133
Cell: 079 631 0036
E-mail: [email protected]
TMS Novus Page 2 Love
Where you
Live
No owner or occupier shall park or stand any vehicle upon the common property, or permit or allow any vehicle to be parked or stood upon the common property, without the consent of the trustees in writing.
The trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing
or abandoned on the common property without the trustees‘ consent.
Owners and occupiers of sections shall ensure that their vehicles, and
the vehicles of their visitors and guests, do not drip oil or brake fluid on to the common property or in any other way deface the common property.
No owner or occupier shall be
permitted to dismantle or effect major repairs to any vehicle on any portion of the common property, an exclusive use or in a section.
t: 011 478 3768 | 011 476 53 74
f: 011 678 2444
Love Where You Love!
Please see below info from Bear
(Neighbourhood watch)
Apparently there has been a nasty
armed robbery in the Randpark area
(Dale Lace).
It seems that the modus operandi for the
robbers is to use a DSTV branded vehicle
to obtain entrance into the complex /
address.
Please be extra vigilant. Criminals mas-
querading as DSTV installers is quite a
plausible ruse!!
Simple rule – DO NOT LET ANY DSTV
marked vehicles into your property /
complex!
Check and check again!
Stay safe
