Question:
Several of our owners had extensions done to their units which were not registered at the deeds office. We have been very patient waiting for this to be done, but this has been on-going for years now.

What can be done about this?

Answer:
In terms of section 24 of the Sectional Titles Act 95 of 1986, every owner who proposes to extend his section must receive approval in the form of a special resolution from the body corporate before he is authorized to extend his section.

From your question it seems that the owners concerned have extended their sections without the body corporate?s approval as required by section 24 and therefore these extensions to their sections are unauthorized.

In these circumstances, the body corporate can attempt to force the owners concerned to legally extend their sections by passing a special resolution authorizing the extensions subject to certain conditions, including that the owners concerned must appoint and pay for a land surveyor to draft sectional plans of extension and these plans must be lodged for approval with the Surveyor-General and once approved filed in the scheme?s file at the Deeds Registry.

If the owners then fail to comply with the conditions attached to the body corporate?s approval of the extensions, then the body corporate?s recourse is to declare a dispute with these owners in terms of prescribed management rule 71. If the dispute is not resolved within 14 days of its declaration then it must be referred to arbitration for resolution by an arbitrator.

Links to all Jennifer's previous Q&As on page two...