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extend -enlarge -add courtyard

By Samantha Britz on Sat, 17 Mar 2012 at 16:17

EXTENDING SECTIONS -add courtyards -walls, paving, gates - in fact an extra room for bicycles, gardening equipment.

The body corporate must authorise a reduction of common property by passing a unanimous resolution.
Owners MAY NOT decide to enlarge their units by “annexing” or expropriating a piece of common property. Such owners have no excuse - ignorance of the law is no excuse. Nor does it help for someone to say that he never bothered to look at the plans of the sectional title complex. An even more frivolous excuse is that the “trustees said I can.” NOBODY will believe that you were too ignorant or lazy to read the conduct and management rules. The body corporate must authorise a reduction of common property by passing a UNANIMOUS resolution.
To extend the boundaries or floor area of a section, an owner will need the approval of the body corporate. The body corporate must pass a special resolution to authorise the extension.

The owner must then get a land surveyor or architect to submit a draft sectional plan of extension to the Surveyor-General for approval.
If the section is increased, or decreased, in any manner this will affect the participation quota of the complex, as this is based on the floor area of each unit.

If the participation quota for any units is changed by less than 5% (10%), a certificate from the conveyancer to that affect should obtained and attached to the application to the Registrar.

If the participation quota for any unit is changed by more than 5% (10%) , the mortgagee (the banks providing the mortage bonds to the owners in a complex) must also agree to the change in the sectional title plan.

Owners should bear in mind that extending their section may REDUCE other areas (such as common property or exclusive use areas) if the section is not extended upwards. If other areas are reduced, then the requirements for reducing these areas should be complied with.

The body corporate must authorise a reduction of common property by passing a UNANIMOUS resolution.

The body corporate must authorise a reduction of exclusive use area (created under Section 27) by passing a special resolution. This also requires the written consent of the mortgagee, and the cancellation must be registered with the Registrar of Deeds.

The body corporate must authorise a reduction of ‘rule created' exclusive use areas (Section 27A) by passing a unanimous resolution if the exclusive use area is attached to the management rules, or a special resolution if the exclusive use area is attached to the conduct rules.

How do we arrive at a realistic figure for the sale of the "common property" land for the courtyards? Clearly the square meters on common property cannot simply be given away - or worse still, be stolen by some dishonest owners. All should share. the common property belongs to all. So if we get a good financial offer, we can get on with our lives, otherwise another 10 years of court cases - sue them for fraud, breach of fiduciary duties, falsifying documents for the AGM, "strange " accounting practice, irregularities, conflict of interest whilst in a fiduciary relationship, abuse of power, and on and on. Naturally the banks, or bondholders, will be part of the process. Anyway. lWe should settle - but they refuse to go to arbitration or enter into discussion as they are in the wrong. Are there any suggestions out there? Get a court order? Sue them for less of income?

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RE: extend -enlarge -add courtyard

Mike Russell replied on Fri, 23 Nov 2012 at 10:51

My Advice, RUN FOR THE HILLS !!
I mentioned to my trustees that they had all done the same thing (but far more than just a little court yard.... they have added 30m2 to 65m2 to their actual units!)
The net result is they have sued me!
I have had to spend R600k defending so far!

Good luck to you!

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