Sectional title corner – how to add a room to your unit
The owner of section 12 wants to add a room to his unit and our managing agent tells us that it will be extension of a section in terms of Section 24 of the act. This section requires a special resolution to be passed by the body corporate, but I have read the act and I see in Section 17 that for alienation of the common property you need a unanimous resolution. Is our managing agent wrong on this? – David
I got confirmation from sectional title attorneys Paddocks that this is a common misconception. Your managing agent is right: it is only a special resolution that is needed.
Alienation of the common property means that you are selling off a portion of the common property – it is no longer part of the common property then – and removing it from the scheme. When extending a section you are not removing a portion of the common property from the scheme.
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.