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Fencing off Parking Spaces

By Annette Stones on Wed, 10 Apr 2019 at 01:27

An owner of a section situated at the entrance to the complex, with a very attractive architectural and landscaping line currently linking it to the neighbouring section - the delightful garden of which has for decades added the value of its enormous appeal to the complex - has applied for permission to fence off and gate two parking spaces fronting the garage and verandah of his section.

Since he wishes (due to financial considerations) to use wooden picketing for the fencing, the effect would be to block both (1) sunlight to the neighbouring garden (with adverse impact on plant growth), and (2) the current view of the garden on entering the complex. In addition, fencing and gating off the common property parking spaces currently allocated to his section will prevent either space (both additional to the single garage incorporated in the section) being available either for temporary use by others when unoccupied or for possible reallocation if/when appropriate at some future date. Ready access by their own visitors to the additional parking space will also be obstructed.

An additional problem is that the owner concerned is currently a trustee, with our decision in this regard therefore to be strictly lawful and above reproach.

On checking through the STSMA Rules (under Physical Management) last night, however, I could find no provision relating to owner installations on unregulated common property. Is this thus even a possibility now - and, if so, whose approval is required? The trustees'? Or the Body Corporate's?

How, therefore, do we handle this situation? Informed input would be greatly appreciated.


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RE: Fencing off Parking Spaces

Nico Carstens replied on Thu, 11 Apr 2019 at 07:09

Hi Annette, I am no authority on this but is this fence reasonably necessasy. Have a look atbPMR 29.1 and handle it accordingly. My suggestion.

RE: RE: Fencing off Parking Spaces

Annette Stones replied on Sat, 13 Apr 2019 at 00:34

Hi Nico - Thank you for addressing our question and for your suggestion. The problem with the latter, however, is Tertius Maree's constant reminder in both his weekly Deeltitel Forum column and other articles that PMR 29 applies only to alterations/additions to the common property contemplated by the trustees at BC expense, and not to proposed installations on the common property by individual section owners. That is therefore where we are currently stuck.

PMR 30(g) seems to come closest, but applies specifically to exclusive use areas - and would in this case seem to be countered by PMR 30(e), given that the neighbouring section would be materially affected: which would be the case even if the parking spaces were to be formally allocated as euas....Show More

RE: Fencing off Parking Spaces

Murray Bennett replied on Sat, 13 Apr 2019 at 01:40

According to this article:
" Safety device and screen"
In terms of PCR 4(2) the trustees have the discretion to approve, in writing, the design, colour, style and materials of a locking or safety device to protect the section against intruders, or a screen to prevent entry of animals or insects, if the device or screen is soundly built.
In my opinion the trustees do not have the authority to approve the application you describe and it would require a special resolution of the members as it is an "improvement" of the common property and as suh should be done by the BC. See PMR 29. This owner is basically trying to treat a piece of unregulated common property as an exclusive use area & if he succeeds in fencing it off it will in effect become his unofficial EUA. Suggest you either obtain legal advice or call a SGM in this regard, preferably both.

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