The owner of a unit in a sectional title complex has made some extensions to his house, apparently without the consent of the body corporate.
He has refused the body corporate entry for the changes to be inspected to ensure they comply with building regulations and the trustees want to know the ramifications of this situation.
The trustees have advised him that the inspections are necessary as the extensions may have an impact on the participation quota and the floor area ratio.
He insists his property and exclusive use area are private and that nobody has the right to enter without his consent, which he is not prepared to grant.
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In this instance, there are two main issues in play.
The first is the process followed by the owner in pursuing the extensions and the second is the inspection of the extensions by the trustees.
The owner is obliged to comply with certain legislative and other provisions to obtain the necessary consent to proceed with the building works.
The first is that if an owner wants to extend the boundaries or floor area of his section, he will, through the architect or land surveyor, have to submit a draft plan of the extension to the Surveyor-General for approval.
This can be done only after approval has been received from the body corporate, authorised by a special resolution of its members.
The necessary municipal approval of the building plans must also be obtained.
Upon the completion of the building works, the participation quota and, accordingly, the levies payable by the owner should be adjusted.
Similarly, the insurance cover may require adjustment.
The management rules set out in the regulations to the Sectional Titles Management Act also address this issue.
The act says the body corporate must take all reasonable steps to ensure that a member does not make any alterations that increase the boundaries or floor area without complying with the requirements of the relevant laws.
The body corporate may make several decisions by ordinary resolution.
They may approve a building improvement if they are satisfied it does not need compliance with any legal requirements.
They may also prescribe any reasonable condition with regard to the use or appearance of the alteration.
And thirdly, they may withdraw any consent if the member breaches any of the conditions.
From the given scenario, it appears that the owner has failed to comply with the first requirement.
The special resolution requirement ensures that the alterations can be weighed against the interests of the other owners and, if necessary, be put to the vote.
The documents presented for approval should be accompanied by a revised schedule setting out the adjusted participation quotas once the floor area has been increased as a result of the proposed extension.
As far as the owner preventing access to his property is concerned, he would be hard-pressed to maintain such a position considering the legislation applicable.
The Sectional Titles Management Act states that an owner must permit any authorised person to enter his or her section or exclusive use area for inspection purposes or to repair any facilities.
This is particularly the case if the facilities in the section needing maintenance are there for the convenience of other owners.
As a remedy to address the building works, the trustees could, if the legal requirements are satisfied, bring an application for an interdict forcing the demolition of the alterations done without authority.
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