We had a case recently where a new owner in one of our schemes insisted that he receive a parking bay title deed as he was sold a parking bay with his unit. How do I investigate the status of the parking bay?

You will have to have the Sectional plans as well as the correct valid rules of the scheme.  You need to determine if the parking bay is a section (by checking the sectional plans) or an eua ito the plans (by checking the sectional plans) or an eua ito the rules (by checking the Management and Conduct Rules) or just straightforward common property (by checking the plans and the rules)

In this case we found that some of the parking bays were exclusive use in terms of the plans.  On further investigation we found that not all the parking bays were shown on the sectional plans though – especially not the parking bay that our client stated that he bought. We looked at the Conduct rules and found nothing there and then looked at the Management Rules and found some EUA parking bays created there.  However – the Management Rules were not stamped by the Deeds Office (they were made in 2015 – before CSOS). 

We had to get another copy of the Management Rules from the Deeds Office that was actually stamped and could then explain to the owner that the parking bay he “bought”  is actually an EUA ito the Management Rules.  With an EUA ito the Management Rules you will not have a real right and you will not have a title deed (that only comes with EUA ito the plans).  EUA ito the Management Rules is however not that easy to take away from someone as you would need a unanimous resolution to be passed to change the Management Rules.  It is not very easy to get a unanimous resolution.  First prize is always to have the EUA ito the plans; second prize to have it in the Management Rules and a distant last prize to have it in the Conduct rules (as it is easy to change conduct rules and take it away from you)

The lesson learned is to do a proper investigation – and to ensure that you have the correct sectional plans and rules (before 7 Oct 2016 filed at the Deeds Office and after 7 Oct 2016 approved by CSOS)