Parking Issues in Sectional Title Schemes By Du Plessis & Eksteen Attorneys

 

Parking disputes often arise in community schemes where there is limited available
parking space or when residents or their guests park in the wrong parking bays or park in
locations not designated for parking.

It is important for trustees and residents to be aware of the powers and responsibilities
they have when such a dispute arises.

The Prescribed Conduct Rules (PCR) of the Sectional Title Schemes Management Act
Regulations (Rule 3) state that an owner or occupier of a section must not park a vehicle,
allow a vehicle to stand or permit a visitor to park or stand a vehicle on any part of the
common property other than a parking bay allocated to that section or a visitor’s parking
bay. Vehicles are however allowed to be parked in non-demarcated areas or parking bays
not allocated to their section where there is an emergency and/ or when written consent,
stating the time period for which it is granted, is obtained from the trustees.

Unfortunately, not everyone is aware of this rule or they simply ignore the rule and do as
they please. The PCR does not deal with the authority of the trustees to tow away or
clamp such illegally parked vehicles. Rule 30 of the Prescribed Management Rules (PMR)
of the Sectional Title Schemes Management Act Regulations does however place an
obligation on the body corporate to take all reasonable steps to ensure that a member or
any other occupier of a section or exclusive use area does not use the common property
in such a manner that will interfere unreasonably with the use and enjoyment thereof by
other owners or other persons lawfully on the premises.

As a result, the conduct rules of a Body Corporate may be amended to the effect that it
makes provision for the towing and clamping of vehicles and reasonable fines to be
imposed on perpetrators. It is recommended that the towing of vehicles is outsourced to
a reputable towing company in order to avoid claims for damage against the Body
Corporate. It is furthermore recommended that the clamping of a vehicle should be
accompanied by a note with the contact details of the person in charge of releasing the
clamped vehicle. This note can be affixed to the windshield of the vehicle or left at the
unit or post box of the relevant owner of the vehicle.

Parking problems in sectional title schemes may have broad implications for both owners
and occupiers, and is it advisable to contact an attorney when you are unsure about how
to deal with a dispute.

www.duplessiseksteen.co.za
Tel : (012) 567-7533

 

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