By Ané de Klerk As a community scheme executive (trustee of a body corporate, director of a non-profit company home owners’ association; trustee of a common law home owners’ association or the like), you are probably well aware of your fiduciary obligations towards your scheme, in terms of common law or applicable legislation such as […]
Exclusive use in sectional title schemes – benefit or burden?
By Anton Kelly
The concept of exclusive use is unique to sectional title schemes. It means that although all owners own all the common property in undivided shares, they can agree that one owner (or perhaps a few owners) can use a specified portion of their co-owned property, and no other owner will use it.
So there is a benefit to the owner who holds the rights. But, as the old saying goes, there are no free lunches, and the exclusive use of common property comes at a cost, which is a burden. Let’s weigh up the benefits and burdens of holding exclusive use rights.