An exclusive use area (EUA) is an area that one of the block’s owners has been granted unique and sole access to, based on a specific contract with the actual owners (in this case, all the owners of Bagamoya, who jointly own all common property). EUAs are regulated by The Sectional Titles Scheme Act 65 of 1986 (“the Act”).
As with all the EUAs in the building, the Bagamoya Body Corporate aims to get good value for both sides: a fair (or below-market) price that benefits the owner who pays for the EUA, but also to all the other title holders/ collective owners of the space (receiving a fair levy on the EUA, to bolster the building’s finances to pay for future expenses).
Bagamoya has three EUAs:
The garden (next to unit 1)
The wooden deck (outside unit 3)
The nine parking bays (on both sides of the building)
As the garden and the wooden deck have been designed to be right next to those units, the Body Corporate won't extend the EUA offer to rent those to any other units. Should the owners of those units decide that they no longer want the exclusive use of those two sections, the owners can decide to turn it into a common use area or allow another owner to bid on the exclusive use of the area.
The parking bays on the left have a levy of R252 p/m and the bays on the right. (Updated May 2024).
Note that the parking bay allocations will need to be updated. This is scheduled for discussion for our Aug 2024 meeting. See the tab
To simplify matters, we’re using a price per square metre to calculate the monthly levy on the other areas.
The price for the garden is R25 per square metre. The garden’s size is 69 sqm and generates R1,725 per month. (Updated: Jul 2024)
The price for the deck is R19.875 per square metre (in line with the levy of the units per square metre). The deck is 21.6 sqm and generates R429 per month. (Updated: Jul 2024)
A few more things to note about EUAs:
EUAs are for the exclusive use of the owner in the agreement (no other owners will be allowed to use the area for the duration of the agreement)
EUA upkeep and maintenance is the responsibility of the owner in the agreement. Specifically for the garden: cutting of grass, maintenance of the flower bed, upkeep of the tree, etc., remains their responsibility.
EUAs remain the property of the Body Corporate. This means that no major changes are allowed without the written approval of the trustees, such as enlarging the balcony, changing the size of the flower bed, or cutting down any of the larger trees. (Normal planting or removal of flowers and smaller plants added is obviously fine.)
To do: The trustees need to enter a signed EUA document with the details of each agreement. This is to be reviewed annually. Consider increasing the levies in line with inflation or adjust them otherwise to ensure a good deal for both sides.
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