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Office in Sectional Title complex

By Rute Martins on Wed, 13 Mar 2019 at 15:57

Hi,
I live in a sectional title residential complex comprising 44 units. There is a block onsite comprising of an office and 3 garages. The office on site was there when the complex was built in order to sell the units. Someone came along way back then and bought the office and 2 garages of the 3 in the same block.
This person then converted the 2 garages into a laundry for the benefit of the owners. This person now only pays garage levy for office and 2 garages and has extended his service to outside of the complex. He used to have a parking bay which was allocated to him and when he was a trustee he carried on enforcing the office had to have a parking bay.
He is scoring big time as his rental is purely the levy of the unit and the 2 garages.
All garages are registered as separate sections. All units have 1 parking bay allocated to them. Not all units have garages and garages can be sold separately to the units.
A few years ago, he wanted to legalise his business as we have still not received proof that he has business rights but to operate he would have to get 100% buy in from owners. He did the round robin method. He did not get 100% but bluffed the trustees at the time saying he would send all the signed notices to them and based on his bluff, they issued a letter giving him permission to run his business. To this day, he has not issued the managing agent with the forms he claims the owners said yes to running his business.
When I was chairperson until December, I removed his parking bay as they can park in visitors parking as they are not resident in the complex, and allocated his parking bay to another resident owner.
Now the new chairperson, who is using his laundry for his rentals, has decided to re-allocate him a parking bay again.

Surely, this shouldn't be allowed. As it is, since he is using his business on site, surely we should be able to charge him a rental instead of just a measly garage levy? And this being the case, surely he then should pay for his parking bay?

Are we obligated to provide him with a parking bay when residents and guests need the extra bay?

Please advise.
Rute

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RE: Office in Sectional Title complex

Murray Bennett replied on Wed, 13 Mar 2019 at 17:24

He has a letter authorizing him to run a business regardless of how it was obtained.

It's not possible to charge a unit owner rental on their unit, only levies....Show More

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