When you take transfer of a Sectional Title unit, you automatically and by operation of the law, become a member of the Body Corporate, which consists of all the owners of units in the scheme. The Body Corporate is the collective name given to all the owners of Units in a Scheme.
You are similarly automatically bound by the rules of the Body Corporate, whether you were given a copy of them before you purchased/became the owner or not and regardless of whether you agreed to them or not.
The Trustees of a scheme are the persons elected by the owners (also called members) of the body corporate to run the scheme and they will ultimately be approached to vote on a request for alterations to be made to your unit.
When your intended alteration changes the exterior appearance of the unit you must peruse your Body Corporate Conduct Rules which could be prescriptive as to what approvals may be required and what process must be followed. Ordinarily you will be required to submit a written application to the trustees of the body corporate for their consent. All outward-facing windows and doors form part of the common property and thus falls under the responsibility of the trustees who are the custodians of the building’s appearance and who ensure that no changes are made to the common property that may have a negative impact on the value of other sections in the scheme.
In addition to the required application, a sketch, diagram or building plan of the details, specifications and materials to be used in relation to the proposed work to be undertaken within the section, may need to accompany the application.
The Body Corporate will also require that all changes obtain municipal approval.
As the outside of your unit is strictly speaking regarded as common property, your application will probably require either a special or unanimous resolution by the Body Corporate as the exterior alteration could also be seen as improving the common property. A non-luxurious improvement to the common property requires a special resolution by the Body Corporate which entails obtaining a 75% vote by the owners present at any special general meeting called for the purpose. If the external alteration is classified as a luxurious improvement to the common property, then an unanimous resolution by the Body Corporate members present at the meeting would be required.
REFUSAL OF APPLICATION
- If the trustees unfairly reject your application, you may then request a special general meeting of the Body Corporate and the matter may be put to the vote.
- Furthermore, you may also approach The Community Schemes Ombud Service (CSOS) which was created by the Community Schemes Ombud Service Act 9 of 2011. Its functions include the vetting of conduct and management rules, resolving of community scheme disputes and educating members of sectional title schemes, home owners’ associations and other forms of community schemes.
Be certain to approach our offices before embarking on a renovation project at your unit, as your failure to follow the correct procedure may be costly, especially when the Body Corporate obtains a court order against you to not only halt any renovations, but also to return the building back to its original state.