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common property to exclusive use

By Ford Rehman on Wed, 01 Sep 2010 at 14:37

Hi,Could someone please inform me what the correct procedure is in converting common area parking bays to exclusive use areas to be registered at the deeds office and the costs involved for the Body Corporate and the owners.Your input would be most appreciated. Thanks Ford

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RE: common property to exclusive use

John Yates replied on Wed, 01 Sep 2010 at 15:10

An expensive business. See Section 24 of the S/T Act to be found in the Library section of STO.

RE: RE: common property to exclusive use

John Yates replied on Wed, 01 Sep 2010 at 15:41

Sorry for Section 24 read Section 27.

RE: RE: RE: common property to exclusive use

Ford Rehman replied on Sat, 04 Sep 2010 at 13:08

Thanks for your response John,can you register common parking areas as exclusive use under the conduct rules at the Deeds office, thereby allowing the Body Corporate to raise a levy for exclusive use.

RE: RE: RE: RE: common property to exclusive use

John Yates replied on Sat, 04 Sep 2010 at 13:31

According to Prof V Der Merwe the Conduct Rules may be used to create an EUA as Per Section 27A of the Act. Apart from sending the changed conduct Rule for filing in the Deeds Office this does not constitute a registering of the EUA the same as a Section 27 EUA that a notarial deed to be registered in the Deeds Office.
As far as raising an extra levy for the EUA this may be implemented for either S 27 or 27A EUA's. Suggest you read up on both in the Library Section of STO. There is a marked difference between the two.

RE: RE: RE: RE: RE: common property to exclusive use

Ford Rehman replied on Sat, 04 Sep 2010 at 13:51

Thanks for your assistance and guidance

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