UNDERSTANDING EXCLUSIVE USE AREAS AND HOW THEY ARE ALLOCATED

An exclusive use area is defined as “a part or parts of the common property for the exclusive use by the owner or owners of one or more sections” in a sectional title scheme. In essence this means that even though the common property is jointly owned by all owners, a specified owner will have the exclusive use of a specified area of the common property.
Common examples of exclusive use areas are gardens, court yards and parking bays.
Exclusive use areas may be allocated in the following ways:-

1.         In terms of the Management Rules of the Body Corporate

The developer may upon the opening of the sectional title scheme reserve the right to exclusive use in terms of the Management Rules of the Body Corporate.
To do so, the developer would instruct a draftsperson / architect / land surveyor to prepare a layout plan to scale of the relevant exclusive use areas and would include a specific rule in the Management Rules to create and allocate the exclusive use areas to the owners of specific sections. The said rules, together with a copy of the plan, will then be registered with the Community Schemes Ombud Services (CSOS) who would issue a certificate for lodgement in the Deeds Registry upon the opening of the scheme.
Where exclusive use areas are created in terms of the rules, the holder thereof merely enjoys a personal right to exclusive use. Although this is the most cost-effective way to create exclusive use areas, there is no title deed for the right and nor can the holder thereof register a mortgage bond, lease or servitude over it.