If you have an Exclusive Use Area (EUA) parking bay in a sectional title scheme, you may be considering installing a carport for added protection. While this is possible, it requires formal approval to ensure compliance with sectional title laws and your scheme’s rules.
Understanding Your EUA Rights
An EUA is still part of the scheme’s common property, even though it has been allocated for the exclusive use of a specific owner. This means that while you have the right to use the space, any structural changes require approval from the body corporate.
What Resolution is Needed to Install a Carport?
According to Prescribed Management Rule (PMR) 30(g), if you have exclusive use rights, you can construct or place a structure on your EUA—such as a carport—if authorised by an ordinary resolution of the body corporate. This means that more than 50% of the owners, either in a meeting or by written vote, must approve the installation.
Important Points About the Resolution:
- The ordinary resolution cannot be unreasonably withheld if the proposed structure complies with legal and scheme rules.
- The carport must not violate Section 24 (extension of a section) or Section 25 (extension of the scheme) of the Sectional Titles Act.
- The body corporate must assess whether the improvement requires any further approvals or compliance measures.
Steps to Obtain Approval for a Carport
- Confirm Your EUA Status
- Before applying for approval, check whether your parking bay is a registered EUA or a rule-based EUA.
- If your bay is not a legally allocated EUA and is simply a de facto EUA, it remains common property, and owners must refrain from making additions to common property. It is advised that exclusive use rights be registered in the scheme rules to avoid disputes.
- Submit a Proposal to the Body Corporate
- Provide a detailed plan, including dimensions, materials, and compliance with any architectural guidelines.
- If the scheme has specific conduct rules regarding carports, ensure your design aligns with them.
- Obtain an Ordinary Resolution
- The body corporate must pass an ordinary resolution (a majority vote) to approve your request.
- Check Municipal Regulations
- Some municipalities require building plans and approval for carports, especially if they are permanent structures.
- Ensure compliance with local by-laws before proceeding.
- Use an Approved Contractor
- Once approval is obtained, ensure the carport is built professionally and complies with safety regulations.
Final Considerations
- If your parking bay is an EUA allocated in the rules or sectional plan, an ordinary resolution (majority vote by the body corporate) is required to install a carport.
- Owners should not make alterations to common property and are encouraged to register EUA rights in the scheme rules to avoid complications.
- Any proposed structure must comply with sectional title laws, scheme rules, and municipal regulations.
- A well-documented application and clear communication with the body corporate can help streamline the approval process.
Taking the right steps upfront ensures compliance and prevents disputes, making the process smoother for all involved.