Where a member reasonably requires exclusive use rights over a part of the common area and the association unreasonably refuses to grant such rights, the member can bring an application to the CSOS to compel the association to grant such rights.
In terms of section 39 (6) (f) of the CSOS Act, an application may be for:
“an order declaring that an owner or occupier reasonably requires exclusive use rights over a certain part of a common area, that the association has unreasonably refused to grant such rights and requiring the association to give exclusive use rights to the owner or occupier, on terms that may require a payment or periodic payments to the association, over a specified part of a common area”
Exclusive use rights are often used for parking vehicles and private gardens.
A person may, for any number of reasons, believe that they have a legitimate claim to special rights to part of the common areas. In such cases, they can bring an application to the CSOS for relief, explaining the basis of their claim and that they have been unreasonably refused.
An example of the type of order the CSOS could give is:
1. That the owners from time to time of sections 3, 9 and 24 reasonably require the exclusive use parking bays as shown on Attachment A and marked with their section numbers; and
2. The Body Corporate of the Seaside Heights Scheme, No. 22 436/1995 and the owners in that scheme must make a rule conferring the exclusive use rights described in 1.
If you would like to see the whole of the Community Schemes Ombud Service Act, 9 of 2011, including the full text of chapter 3 that covers applications, you can access this from Paddocks’ resource library.
Do you have concerns about your matter, need assistance completing your application, or want a sectional title Consultant to review your application before submission? Have a look at the Paddocks’ Consulting page.
For general help on the CSOS, including the special meanings of the words and phrases “association”, “common area”, “dispute”, “executive committee”, “owner”, and “scheme governance documentation” see the CSOS Information page.
Needing other assistance? Have a look at our Paddocks assistance page, which includes the helpful application guide explanation, for more information.
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