Immovable body corporate obstacles

Immovable body corporate obstacles

When it comes to Sectional Title issues where an owner of a unit wishes to renovate his section, it is vitally important to check beforehand with the Body Corporate of the scheme whether any resolution authorising the proposed alterations is required.

In terms of section 24 of the Sectional Title Act 95/1986, if an owner of a section wishes to extend the floor area of his section, a special resolution is required.

A special resolution requires a majority of three-fourths of votes in value and number of owners in the scheme.

This can be problematic in small schemes if one of the owners is opposed to the proposed renovation and particularly costly if this is established after building plans have been drawn up.

Unfortunately, architects don’t necessarily familiarise themselves with the rules relating to building in a sectional title scheme.

Carol During & Associates  |  Testimonials  |  Principal Attorney: Carol During

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