Know Your Property Areas and Rights

As a property owner within a shared or multi-unit property, there are certain rights and responsibilities that you should be aware of, pertaining specifically to Exclusive Use Areas and common areas. 

Below we take a look at some of the most commonly asked questions surrounding your rights as a property owner within a greater shared property, such as a gated community or an apartment complex.

What are the differences between EUAs and EUA Rights? 

Exclusive Use Areas (EUAs) refer to shared spaces or common areas within a shared property, such as:

• Swimming pools
• Gardens
• Parking lots
• Communal gyms
• Corridors and hallways

Exclusive Use Area (EUA) rights refer to the rights granted to a specific owner or occupant of a property to exclusively use and control a designated area within a larger property or common area. These rights are typically encountered in the context of condominiums, apartment complexes, or gated communities where there are shared spaces or common areas, such as the ones listed above. 

Such exclusive use areas are managed with the aid of the property's official governing documents, such as the declaration or bylaws, which outline and grant certain owners or occupants the exclusive right to use and control specific areas within the shared property or common area.

EUA Rights and Responsibilities

When a specific area is designated as an EUA, the owner or the occupant granted those rights has exclusive access and control over that space. They have the right to use and enjoy the area as if it were their own, subject to any rules or restrictions outlined in the governing documents. These rules are typically displayed via visible signage within the common area. For example, "No noise allowed around the communal braai area after midnight."

Furthermore, the owner or occupant with EUA rights is usually responsible for the maintenance, repairs, and upkeep of the exclusive area. However, this can vary depending on the specific arrangements outlined in the property's governing documents. It is common practice for the cost of maintaining the EUA to be shared among all the property owners or residents through association fees or similar arrangements.

What constitutes 'common property'?

Similar to Exclusive Use Areas, "common property" typically refers to areas, facilities, or elements within a multi-unit property or development that are jointly owned and shared by all the owners or occupants. However, common property extends to include the building's greater structure, utilities, etc.

These areas are collectively maintained, managed, and used for the benefit of all the individuals or entities that have a stake within the property. Such common property is usually found in condominiums, apartment complexes, townhouses, and other types of shared ownership or community developments.

Examples of common property:

• Land and grounds: The land on which the property is built, including common gardens, lawns, or landscaping

• Building structure: The property's exterior walls, roofs, foundations, and common hallways or corridors

• Shared amenities: Facilities available to all owners or occupants, such as swimming pools, gyms, clubhouses, playgrounds, or communal meeting areas

• Common utilities and services: Utilities like water, electricity, heating, air-conditioning, or waste management systems serving the entire property 

• Parking areas: Parking lots or garages available for use by all owners or occupants, though specific parking spaces may be designated as exclusive use areas for certain units

• Shared infrastructure: Elevators, stairways, common walkways, fire escapes, or security systems that serve multiple units or areas

What does the owner own in the Community Scheme?

Under a Community Scheme, the property owner typically owns two primary components of the property: 

1. The individual unit or lot they have purchased 

The property owner has full ownership and control over their individual unit or lot within the Community Scheme. This includes the interior space of the unit (for example, the apartment, townhouse, or villa) as well as any private areas associated with it, such as balconies or courtyards. The owner therefore has the right to occupy, use, and modify their unit according to applicable laws, regulations, and the scheme's governing documents.

2. The undivided share or interest in the common property

Along with their individual unit, the property owner also holds an undivided share or interest in the common property within the Community Scheme. Common property refers to areas, facilities, or elements that are jointly owned and shared by all the owners within the scheme. This includes the land, building structures, amenities, parking areas, and shared utilities.

Need help navigating your rights as a property owner? Call us!

At SAproperty.com we have forged a great track record for our expertise in rental property management. Our team specialises in all kinds of property management services, and would be glad to manage your property on your behalf. Contact us today to set up an introductory meeting.