That parking bay isn’t yours - What SA owners get wrong about exclusive use areas

• Painted numbers and long-term use do not create legal rights.
• Exclusive use areas remain common property, you don’t own them.
• There are only two lawful ways an exclusive use area can exist.

Parking Wars: The sectional title reality

‍In sectional title living, few issues spark conflict faster than parking. A painted number on the tar. A long-standing habit. A handshake agreement with a trustee.

For many South Africans, those feel like ownership. They are not.

Exclusive use areas (EUAs) are among the most misunderstood aspects of sectional title schemes, says Johlene Wasserman, Director of Community Schemes and Compliance at VDM Incorporated.

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“Most problems don’t arise because the law is complicated,” she explains. “They arise because people rely on habit, hearsay, or hope instead of the actual law.”

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Disputes are rising across complexes and estates. And the confusion is costing owners money, damaging neighbour relationships, and exposing bodies corporate to legal risk.

What an exclusive use area actually is

An exclusive use area is a portion of the common property reserved for the use of a specific owner.

It could be:

• A parking bay
• A garden
• A patio
• A courtyard
• A storeroom

But here’s the critical point: the land remains common property. “You don’t own it,” says Wasserman. “You only have the right to use it.” That distinction between ownership and use is where most disputes begin.

Two legal ways an EUA can exist

‍South African law recognises only two mechanisms.

1. A registered real right
Created under Section 27 of the Sectional Titles Act, this is a formal, deeds office, registered right. It:

• Appears on the sectional plan
• Has commercial value
• Can be sold, ceded or bonded

2. A rule-based personal right
Created under Section 10 of the Sectional Titles Schemes Management Act (STSMA), this right arises from a scheme rule approved by the Community Schemes Ombud Service (CSOS). It:

• Is not registered in the deeds office
• Cannot be bonded
• Exists only while the rule remains valid

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“Everything else, painted numbers, ‘we’ve always parked there’, trustee permission, managing agent spreadsheets or sale agreements - creates convenience, but not a legal right,” Wasserman emphasises.

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Why disputes escalate

‍Problems arise when owners assume exclusive use equals ownership. They build carports. They enclose patios. They extend sections into gardens.

But exclusive use does not give you the right to alter common property.

Prescribed Management Rule 30(g) makes it clear: improvements to common property require body corporate approval by ordinary resolution, unless authority has been formally delegated.

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“And if the structure is watertight, enclosed and increases your floor area,” says Wasserman, “it becomes an extension of your section. That requires a special resolution and an amended sectional plan registered in the deeds office. Calling it ‘just a small enclosure’ doesn’t change the law.”

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Why this matters beyond property law

‍Exclusive use disputes are not just technical property issues. They affect:

• Neighbour relationships
• Insurance compliance
• Property values
• Safety standards
• The financial stability of the scheme

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“When someone builds without approval or claims space because it’s ‘always been theirs’, it affects the entire community,” says Wasserman. “This isn’t just a property issue, it’s a human one.”

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In shared living environments, clarity around boundaries protects harmony.

Who pays for maintenance?

‍Here’s another common misconception. While the body corporate is responsible for maintaining all common property, including EUAs, the benefiting owner must reimburse the full cost.

This prevents unlawful cross-subsidisation and ensures financial fairness within the scheme. The law is explicit on this point.

Can you convert a personal right into a real right?

‍Yes, but it’s not automatic. Converting a rule-based personal right into a registered real right requires:

• Professional surveying
• Special and unanimous resolutions (where applicable)
• Amended sectional plans
• Deeds office registration
• Notarial cession

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“Until that process is completed,” says Wasserman, “the right remains personal, no matter how long you’ve used the space.”

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Longevity does not create legality.

Buying or Selling? Verify first

‍Purchasers often assume that parking bays or garden areas advertised in a sale form part of ownership. They may not.

Real right EUAs must be transferred by notarial deed.
Rule-based EUAs must be verified in CSOS-approved scheme rules.

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“Sale agreements cannot create exclusive use rights,” Wasserman stresses. “Even if everyone believes they can.” Due diligence is critical.

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The bottom line on exclusive use areas

Exclusive use areas are not informal privileges. They are tightly regulated legal rights.

Understanding the difference between:

• Use and ownership
• Real rights and personal rights
• Convenience and legality

This is essential for anyone living in a sectional title scheme.

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“Clarity protects communities,” says Wasserman. “When people understand the law, they make better decisions and shared living becomes far more harmonious.”

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That painted parking bay may feel like yours. But unless the law says it is, it isn’t.

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