Question:
Our complex ? which consists of freestanding sections ? has no exclusive use areas registered. My questions are:

1. I would like to build a lapa and swimming pool. Is this allowed as this will be on 'common property'?

2. Who do I contact to make sure our conduct rules are registered? A trustee wants to change these rules and insists that they are registered.

Answer:
The answers to your questions are:

1. To build a swimming pool and lapa on the common property would be considered a luxurious improvement to the common property and in terms of prescribed management rule 33(1) would have to be authorised by a unanimous resolution of owners and paid for out of body corporate funds.

   If you want to build a swimming pool and lapa for your own use and using your own funds then the best way to go about it would be to try and obtain exclusive use rights in respect of the area on which you want to effect the alterations. Once you have exclusive use rights to this area you will only need trustee consent (which may not be unreasonably withheld) as authorisation to effect the alterations.

   I would suggest that you consult an attorney who is well versed in sectional title law to obtain advice on how to go about obtaining exclusive use rights in respect of the area.

2. In order to ascertain whether or not the scheme?s conduct rules are 'registered' you would have to inspect the scheme?s file held at your local Deeds Registry. If the conduct rules in question are in fact in the scheme?s file then they are currently applicable to the scheme unless it can be proven that these rules are unenforceable for some other reason.

As a side issue, conduct rules cannot be changed by a single trustee. The changes would need to be accepted by special resolution of the body corporate after which the changes would need to be lodged at the scheme?s local Deeds Registry and filed in the scheme?s file before they become enforceable.

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