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bay allocated to that unit or a parking bay allocated for visitors’ parking,
which consent must indicate for how long the consent was given.

The process to be followed with regards to who decides on parking bays
and who uses it can mainly be divided in two phases:
Before registration - This is the phase where the developer is in the process
of laying out the scheme and registering the scheme in the Deeds Office.
When the sectional plan refers to the reservation of exclusive use areas
on the common property the developer must, when he applies for the
registration of the scheme in the Deeds Office, impose a condition by
which the right is conferred upon the owner of the section and he will
cede the right to the owner by the registration of a unilateral notarial
deed. If no reservation was made by the developer and the body
corporate has not been established the registrar may issue a certificate
of real right to exclusive use.
After registration - This phase starts the moment any person other than
the developer becomes owner of a unit in the scheme and the body
corporate is established. The developer of the body corporate may
make management or conduct rules which confer rights of exclusive
use and enjoyment of parts of the common property upon members
of the body corporate. These rules must include a layout plan on which
it clearly indicates the locality of the exclusive use areas (eg. parking
bays); the purposes for which such areas may be used and include a
schedule indicating to which owner such an area is allocated to.

Like most decisions in a sectional title scheme a resolution should be
passed by the body corporate to give effect to this process. Should a Property
resolution be obtained the amended rules must be lodged together
with the prescribed application form with the Sectional Title Ombud, who
will check the rules and approve them.
The owner of the right to exclusive use will have the responsibility to
maintain the parking bay allocated to him in a good state. Should
the owner of the right refuse or fail to do so despite written notice to
him, the body corporate may effect the necessary maintenance or
repairs and claim the cost from that specific owner where the failure
threatens the stability of the common property, safety of a building or
materially prejudices the interest of the body corporate. In the case of an
emergency no such notice needs to be given. The body corporate may
also request the owner of the right, whether or not such right is registered
or conferred by the rules, to make additional contributions to the fund for
administrating that part of the common property.
Should you have further questions or concerns regarding the parking
bay allocation in your scheme, we would advise that you consult with
a property specialist that can help you clarify the parking allocations.

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