Sectional Title is a form of joint ownership in that there is separate ownership of units or sections within a complex or development combined with a form of joint ownership in the common property which is owned by all the members of the sectional title body corporate. Each owner of a section will have undivided ownership in the common property which is normally the gardens, community centres, the communal living space e.g. laundry and swimming pool etc. Sectional title dwellings include detached houses, townhouses, flats or apartments. It is also possible to have an EUA or Exclusive Use Area which gives the section holder the right to exclusive use of parts of the common property and these are either created in terms of a real right of a notarially registered right or alternatively in terms of the rules of the body corporate. Examples of EUA’s are a garden, parking bay, storage bay and staff quarters.
The administration and maintenance of the common property is the responsibility of a Body Corporate, which consists of all the owners of the townhouse complex or apartment block, who then elect trustees to handle its day-to-day management,
A managing agent is often appointed to take care of the duties of a Body Corporate, which includes collecting monthly levies, paying the scheme’s insurance premiums, arranging meetings, ensuring compliance with the Sectional Titles Act, and ensuring that the owners and tenants comply with the Body Corporate rules.