3 common problems in sectional title schemes you need to know about
Category Advice
If you're living in a sectional title scheme, you may be enjoying the security, easy maintenance, friendly neighbours and community feel that comes with this. But even the most harmonious sectional titles have their own set of issues and uncomfortable situations that may affect how you live.
In order to be prepared for this, we have put together the top 3 problems found in a sectional title scheme and how these can be overcome.
Parking wars
Parking bays are often a very contentious issue in most sectional-title schemes. There's either not enough bays for residents or visitors, and you can always count on people using parkings that are not allocated to them. Yes, the struggle can be very real. In most sectional-title schemes, an owner of a unit has exclusive use to one or two parking bays. These parkings "belong" to them for as long as they own the unit - they are also responsible for the upkeep of the bay and are liable to pay an exclusive use levy. As long as upkeep is done and payment made - exclusive use parkings rarely cause major issues in a sectional-title scheme.
However, when it comes to parking bays that are classified as common property, this is where most problems arise. These parking bays do not belong to specific units, instead they are used as visitors parkings or as additional parkings for owners who need it. When it comes to allocating these parkings to owners, the process has to be fair to avoid disputes. The best way most schemes choose to handle this process is through a rental pool set up by the Body Corporate, which allows owners to lease a parking bay on an annual basis. When an owner leaves, the parking bay goes back into the rental pool and is let to the next person on the waiting list. Letting of a common property is covered in Section 17 of the Sectional Title Schemes Management Act.
Noisy neighbours
Living in a sectional title means that you are in close proximity to your neighbours, and although this comes with many perks such as safety and a community-feel, it also means that your neighbours may get noisy from time to time. This is normal. But if their noise levels escalate to a point where your peace and quality of life gets affected, then a solution may be needed. It is always recommended to first talk to your neighbour directly to try and resolve the situation. Keep it respectful, level-headed and calm. Only if this does not work, then you need to write a letter of complaint to the Body Corporate that outlines the times and dates the transgressions occurred. Remember to keep it factual and not personal. If the matter persists, you can raise it at the next Body Corporate meeting.
Disagreements between trustees and owners
Often, disagreements may arise between the owners in a sectional-title scheme and the trustees they've elected into power. When this happens, it is often due to miscommunication. The best solution is to hold a meeting discussing a way forward so that everyone feels heard, understood and a clearer plan of action can get implemented.
But, in other situations, conflict may arise as a result of a trustee who acts in bad faith and breaches his or her fiduciary duties. In this case, a trustee is personally liable for any loss suffered by the Body Corporate due to their breach and will be required to step down from the position. The matter may even be escalated to the Community Schemes Ombud Service if both the owners and questioned trustee are in disagreement about whether or not a breach took place.
If you find your sectional title scheme dealing with more problems than it can handle, you may need to employ the expertise of a trusted managing agent. The right agent is well-equipped to handle general disputes as well as major upheavals. Contact De Lucia Group today to find out more: Michael De Lucia - 082 493 1089.
Author: De Lucia Group
