24 May What are the rights and responsibilities of exclusive use right holders?
A holder of an exclusive use area (EUA) has the exclusive right to the use and enjoyment of the EUA and can make minor improvements to the area. However, the holder must ensure that any improvements do not detract from the appearance of the section or the common property.
The holder of the EUA will require written consent from the trustees to make any change to the external appearance of any EUA and may not do anything on the EUA that will impair the stability of another section, or another EUA, or interfere with the enjoyment of other sections or other EUAs.
The holder may not use the EUA in a way that is a nuisance to other owners, nor contravene laws, which is contrary to its purpose. Except in emergencies, reasonable notice to the holder of the exclusive use right must be given by the body corporate for any repairs necessary and such holder is then obliged to give access to any person authorised in writing by the body corporate.
The body corporate must keep an updated register of all EUAs in the scheme. This register should include:
- Information on whether it was allocated in terms of Section 27 of the STA or in terms of any rules;
- Any description of the EUA
- The unique number allocated to the EUA; and
- The purpose of the EUA
A question that often come up regarding EUAs is who is liable for paying for the maintenance and upkeep of the EUA. In this regard, the body corporate must ensure that levy contributions for EUAs are adopted and implemented as part of the budget, or charge the holder of the exclusive use right for the actual expenses incurred by the body corporate.
Failure to raise a EUA levy contribution and collect EUA levies will mean that all owners pay for the maintenance of an area of the common property to which they have no right of access or enjoyment, which is unfair and against the intention of the STA and STSMA. It is important to ensure that the body corporate collects levies on EUAs from its holders.
Author: Danielle Crewe – Sectional Title Senior Manager
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