Can one build a house on common property that is not utilized in a sectional complex?

Open land in a sectional title scheme is identified on the sectional title plans. These plans are available at the Surveyor General office and on file at the Deeds office. A copy of this should also be on file with the body corporate information. These open areas, are called “common property”.

Common property does not form a part of a section, (flat/building) and is owned by ALL OWNERS in a scheme equally.

The above forms the basis of any decision that can be taken about COMMON PROPERTY. If any changes are to take place on COMMON PROPERTY, THEN ALL THE OWNERS IN A SCHEME must have an equal vote. This will take place at a special general meeting. The format and information to be divulged is also set out in the STSMA (Sectional Titles Schemes Management Act).

The process of how the changes can / may take place, is set out in the STA (Sectional Titles Act) and the STSMA (Sectional Titles Schemes Management Act). None of the steps are easy and at times nearly impossible to change.

Changing common property is a very complicated process that is to be followed, legal guidance is advised. Any changes are costly and a difficult process which can sometimes take years to complete. The choice to make these changes need to be carefully considered, because decisions taken are of such a serious nature.

Community living means decisions must be taken by all the owners. Individual decisions are not permitted, that is why it is called community living.

The STSMA (Sectional Titles Schemes Management Act) defines which decisions can be taken by Trustees and which decisions must be taken by owners.

Complex Managers or Caretakers are not able to authorize these type of changes, and they should refer these matters to the Trustees in writing, to make sure that everybody is complying with the Acts.