Owners in a sectional title scheme have extended their exclusive use area balconies over common property without approval. Do these extensions affect participation quotas, require sectional plan amendments, and what are the body corporate's obligations regarding these unauthorised alterations?
ELA
EstateIQ Legislative Assistant
If the balconies are designated as exclusive use areas (EUAs) and owners have extended these without approval onto common property, no automatic change to participation quotas (PQ) applies – but there are serious legal implications for both the body corporate and the owners involved.
🔎 1. Does extending an EUA affect PQ or levies?
- No PQ change occurs unless the actual section is extended and the sectional plan is amended. [STSMA 11(1); 5(1)(h)]
- However, if these EUA extensions increase costs (e.g. insurance, maintenance), the body corporate may require additional contributions from those owners. [STSMA 3(1)(c)]
⚠️ 2. Is it legal to extend an EUA deck over common property?
Not without authorisation. Owners may not alter or extend use of EUAs beyond what has been legally granted.
Extensions must be approved either by:
- Unanimous resolution + notarial cession [STSMA 5(1)(e); STA s27], or
- Unanimous resolution + rule amendment with a layout plan and schedule [STSMA 10(7)–(8)]
Unauthorised use constitutes unlawful encroachment on common property. [STSMA 13(1)(g)]
🧾 What must the body corporate do?
The body corporate is legally required to:
- Manage and protect common property [STSMA 2(5); 3(1)(t)]
- Ensure legal compliance [STSMA 3(1)(p)]
- Enforce rules, including EUAs [STSMA 3(1)(t)]
If trustees refuse to act:
- You may serve written notice to compel enforcement [STSMA 9(1)], and
- If ignored, apply to the Community Schemes Ombud Service (CSOS) or the High Court to appoint a curator ad litem to act on behalf of the body corporate.
🛡️ 3. Insurance and cost implications
- The insurer must be informed of alterations that could affect risk or value [STSMA 3(1)(h)]
- If premiums rise due to unauthorised changes, the body corporate may recover those costs from the responsible owners under additional EUA contributions [STSMA 3(1)(c)]
✅ Summary Table
| Issue | Answer | Legal Basis |
|---|---|---|
| Does PQ change? | No, unless sectional plan is amended | STSMA 11(1), 5(1)(h) |
| Are extensions legal without approval? | No – requires unanimous resolution | STSMA 5(1)(e), 10(7)–(8) |
| Must BC enforce compliance? | Yes – duty to protect common property | STSMA 2(5), 3(1)(p), 3(1)(t) |
| Can costs be recovered? | Yes – additional EUA contributions | STSMA 3(1)(c) |
| What if trustees don't act? | Owner may compel action via CSOS | STSMA 9(1) |
ELL
EstateIQ Legal Lookup
📘 Legislative References
STSMA Section 11(1)
Subject to subsection (2), the quota of a section must determine—
11(1)(a): the value of the vote of the owner of the section, in any case where the vote is to be reckoned in value;
11(1)(b): the undivided share in the common property of the owner of the section; and
11(1)(c): subject to section 3(1)(b), the proportion in which the owner of the section must make contributions for the purposes of section 3(1)(a) or may in terms of section 14(1) be held liable for the payment of a judgment debt of the body corporate of which he or she is a member.
STSMA Section 5(1)
In addition to the body corporate's main functions and powers under sections 3 and 4, the body corporate—
5(1)(e): may, upon unanimous resolution by the owners, request the delineation and cession of exclusive use rights to particular owners in terms of section 27(2) of the Sectional Titles Act;
5(1)(h): must, on application by an owner and upon special resolution by the owners, approve the extension of boundaries or floor area of a section in terms of the Sectional Titles Act; and
STSMA Section 10(7)
A developer or a body corporate may make management or conduct rules which confer rights of exclusive use and enjoyment of parts of the common property upon members of the body corporate.
STSMA Section 10(8)
The rules contemplated in subsection (7) must—
10(8)(a): include a layout plan to scale on which is clearly indicated—
(i) the locality of the distinctively numbered exclusive use and enjoyment parts; and
(ii) the purposes for which such parts may be used; and
10(8)(b): include a schedule indicating to which owner each such part is allocated.
STSMA Section 3(1)
A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
3(1)(c): to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs;
3(1)(p): to ensure compliance with any law relating to the common property or to any improvement of land comprised in the common property;
3(1)(t): in general, to control, manage and administer the common property for the benefit of all owners.
STSMA Section 2(5)
The body corporate is, subject to the provisions of this Act, responsible for the enforcement of the rules and for the control, administration and management of the common property for the benefit of all owners.
STSMA Section 9(1)
An owner may initiate proceedings on behalf of the body corporate in the manner prescribed in this section—
9(1)(a): when such owner is of the opinion that he or she and the body corporate have suffered damages or loss or have been deprived of any benefit in respect of a matter mentioned in section 2(7), and the body corporate has not instituted proceedings for the recovery of such damages, loss or benefit; or
9(1)(b): when the body corporate does not take steps against an owner who does not comply with the rules.
📖 Further Reading
For a comprehensive guide on this topic, read our detailed blog post:
Extensions and Change of Use in Sectional Title Schemes →