Sectional Title
Can a body corporate move me from a parking lot that was allocated when I bought the unit and move me to another which is in my opinion far from my unit ?
It would depend on whether the parking bays are owned, rented or exclusive use. If the allocation is being changed I think we can safely rule out that they are not owned as separate sections with their own title deeds. If they are rented bays then the Body Corporate can change the allocations if they feel they need to.
If they are common property with exclusive use to owners they would either appear this way on the Sectional Title Plans with an allocation to the various sections or alternatively they could be allocated by means of a Schedule or Plan annexed to the Registered Rules for the Body Corporate. In either of these instances they could be changed but not just at a meeting by Trustees.
If they are allocated on the Conduct Rules then a Special Resolution of owners would be required to make any changes. This can either be done by calling a Special General Meeting of owners and the details of the changes must be sent out with the notices of meeting (30 days notice required for a special resolution) – at the meeting provided a quorum is present it would require a 75% majority vote to amend the rules. Alternatively a written “round robin” vote can be done and then 75% of the owners must vote in favor of the change for the resolution to be valid.
If they are allocated in terms of Management Rules then a Unanimous Resolution of owners would be required – again a Special General Meeting (30 days notice with full details) would need to be called but where a unanimous resolution is required the quorum applicable is 80% of all owners present in person or by proxy and a unanimous vote in favor is required to take the resolution to put effect to the changes – if 1 person votes against, the resolution cannot be taken (abstainers from voting are counted as voting for). If done by written “round robin” vote every owner has to agree (almost impossible to achieve in bigger complexes).
If the exclusive use area is on the Sectional Title Plans it becomes more expensive and complicated as plans have to be amended involving surveyors, etc so I doubt this will be the case in this instance.
Chrystal Ball of Flatfinders
