Parking is a constant topic of argument in sectional title complexes. There just never seems to be enough parking and parking-bay envy is common among residents. There are often disputes over the allocation of bays or residents using visitors’ parking as their own personal parking spots.
The South Gauteng High Court recently dealt with a dispute over parking bays in Singh v Body Corporate of St Tropez (25559/2021) [2023] ZAGPJHC 88 (3 February 2023).
In this matter, the Court was guided by the Conduct Rules prescribed in terms of Section 10 (1) (b) of the Sectional Titles Schemes Management Act, 8 of 2011 read with Regulation 6 of the Sectional Titles Schemes Management Regulations of 2016 provides as follows:
“The owner or occupier of a section must not, except in a case of emergency, without written consent or approval of the trustees, park a vehicle, allow a vehicle to stand, or permit a visitor to park or stand a vehicle on any part of the common property other than a parking bay allocated to that particular section or parking bay specifically allocated for visitors parking”
The Conduct Rules are clear regarding parking-bays: residents must park in the bays specially allocated to their unit. Residents cannot treat visitors’ parking as their own personal bays. When a resident parks a vehicle on the common property or in the designated visitors’ parking, the resident interferes with the use and enjoyment of other residents.
In light of what is set out in the Conduct Rules, the Court granted an order for the removal of certain vehicles from the complex.
Residents should park in the bays specifically allocated to their unit, except in cases of emergency or with the express written approval of the trustees.
