|
morne183
Joined : 11 Jan 2012
Posts : 7
Location : johannesburg, Gauteng
|
|
|
Andre596
Joined : 12 Dec 2011
Posts : 15
Location : Cape Town, Western Cape
|
|
No, they can't. Ownership of the common property is shared jointly by the owners of sections. This joint ownership is of an 'undivided' nature in that no owner of a section can identify any specific part of the common property as representing the share allocated to his or her section. In the absence of an agreement to the contrary, each owner has the right to use any part of the common property subject only to the provisions of the Act, the Management and the conduct rules of the scheme. It is practice in certain schemes where common property is "rented" to owners / occupants within the scheme. The correct procedure for usage of any common property by specific owners would be for Exclusive Use Areas to be allocated in terms of Real Rights (section 27) or per Rules (section 27) - see other posts in this regard. In this instance I would suggest objecting to the process followed to the trustees in writing, alternatively calling for a special general meeting of owners in terms of PMR 53 ("Trustees must call a special general meeting if requested in writing to do so by owners entitled to twenty-five percent of the total of the participation quotas of all sections").
|
|
|