ST within an estate? Consult the rules before you renovate
In short, our Sectional Title Scheme is located within an Estate. The body corporate of the scheme manages the day to day activities and levies are also paid to the estate’s homeowners association.
The necessary written approval was obtained from the trustees of the body corporate in order to do renovations with regards to placing extended roofs over balconies (x 2), and building an “afdak” over the patio area. This is also due to damage caused by the elements to the wooden doors and frames. Consulting engineers wrote a report on the scheme stating major structural and construction defects exist overall. The roofs will all be within the boundaries of our unit and does not form a part of the common property. The same roof tiles will be used as what is currently in place. (A few years ago, owner of other units decided to do the same but not place “afdak” but smaller roof over patio – this was all allowed)
After the approval the contractor commenced work now, a week later, the estate’s homeowners association has demanded that the renovations stop until the homeowners association has given approval for the roofs which will not be enclosed.
Must approval from the homeowners association of the estate still be obtained after written trustee approval was obtained from the body corporate of the sectional title scheme? Are the two not governed by different legislation? – Christel
Hi Christel, One would need to the rules for the entire estate; they will more than likely incorporate rules pertaining to alterations in both the sectional title scheme and that of the HOA.
The board of trustees may well oversee both schemes as one entity, to ensure that the aesthetics and running of both schemes within in the estate do not at any time hinder the general appearance and value of the entire estate as a whole.
You need sight of the rules and constitution as this will give a clear indication of what can be required from you.
Editor’s note: Feel free to send us the rules and constitution if you prefer, however, based on what you’ve explained it is more than likely a case of the HOA overseeing and having to give approval for any additions, renovations or upgrades across the entire estate.
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Answered by Petra Lewis, portfolio manager at Belmont Property Management