Demystifying Rights & Responsibilities of Exclusive Use Right Holders
Rights & Responsibilities of Exclusive Use Right Holders
In South Africa, the Sectional Titles Act and its regulations govern the rights and responsibilities of exclusive use right ('EUA') holders. Exclusive use areas are parts of the common property designated for the exclusive use of a particular owner or occupier.
The holder must ensure that any improvements do not detract from the appearance of the section or the common property. Furthermore, the EUA owner will need written permission from the trustees to alter the outside look of any EUA and must not do anything on the EUA that will affect the stability of another section or another EUA or disrupt the enjoyment of other sections or other EUAs.
The holder must not use the EUA in a way that annoys other owners, or breaks laws, which goes against its intention. Except in emergencies, reasonable notice to the holder of the exclusive use right must be given by the body corporate for any necessary repairs, and such a holder is then obliged to grant access to any person authorized in writing by the body corporate.
Rights of Exclusive Use Right Holders:
Exclusive use right holders have the right to use and enjoy the designated area, subject to any conditions or rules imposed by the body corporate.
They have the right to make improvements to the area with the consent of the trustees.
They also have the right to be notified of any proposed changes to the rules governing the use of the area.
Responsibilities of Exclusive Use Right Holders:
Exclusive use right holders are responsible for maintaining the area.
They must also ensure that the area is used in a manner that does not cause a nuisance or disturbance to other residents.
They are also responsible for paying any levies or charges associated with the use, maintenance, and upkeep of the area.
In conclusion, exclusive use right holders in South Africa have both rights and responsibilities under the Sectional Titles Act and its regulations. It is important for them to be aware of these rights and responsibilities to ensure that they can fully enjoy the benefits of their exclusive use area while also fulfilling their obligations to the body corporate and other residents.
We trust that this article has provided you with a better understanding of the Rights & Responsibilities of Exclusive Use Right Holders.
For expert advice on all aspects of Complex living (Sectional Title and Homeowners Associations), contact Solver Property Services.
Disclaimer: Please note that the above article is for informational purposes only and is not intended to be comprehensive or to provide legal advice. Solver Property Services, its employees, and agents cannot be held liable for the accuracy or otherwise of the contents of this article, or for the consequences of any action taken or not taken by any person or organization based on the contents herein.
For more information, contact 010 822 2882. Solver Property Services has a team of experienced Property Managers/Managing Agents who can assist you. We manage over 200 complexes across South Africa and are considered Gauteng's preferred managing agents.
