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What comprises an"Extension of a Section"?
1: Please advise what the definition is of the term "Extending a Section" as dealt with in Section 24 of Part IV of the Sectional Title Act.
Does it comprise only any extension requiring a foundation, whether covered, enclosed, or not?
2: Trustees have authorized an owner to extend his unit by building an enclosed room from his unit onto the boundary wall dividing two units. The owner submitted approved plans to Trustees, but no SGM was held and no Special Resolution was made! The extension is built on common property, again without members approval!
What recourse do members have in order to "legalize" the situation and cause Trustees to comply with the provisions of the Sectional Title Act now and in the future?
Melvyn Bull.
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RE: What comprises an"Extension of a Section"?
Section 24(3) of the STA defines an extension of a section as implying "to extend the boundaries or floor area".
While the conventional way to deal with matters of this nature would be to proceed in terms of PMR 53 and call for a SGM to be convened for the purpose of issuing a direction to the trustees i.t.o. Section 39(1) - the quickest way to effect compliance with the Section 24 requirements is probably to report the matter to the Surveyor-General, with a copy of your complaint submitted to the local Municipality.
RE: RE: What comprises an"Extension of a Section"?
Interesting - thanks Annette for this guidance on how to obtain compliance!
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