Sectional Titles Act, 1986 (Act No. 95 of 1986)Part VII : Participation Quotas and Developers32. Participation quotas |
| (1) | Subject to the provisions of section 17 of the Sectional Titles Schemes Management Act, in the case of a scheme for residential purposes only as defined in any applicable operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law, the participation quota of a section shall be a percentage expressed to four decimal places, and arrived at by dividing the floor area, correct to the nearest square metre, of the section by the floor area, correct to the nearest square metre, of all the sections in the building or buildings comprised in the scheme. |
[Section 32(1) substituted by section 14(a) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
| (2) | Subject to the provisions of section 17 of the Sectional Titles Schemes Management Act, in the case of a scheme other than a scheme referred to in subsection (1), the participation quota of a section shall be a percentage expressed to four decimal places, as determined by the developer: Provided that— |
[Words preceding section 32(2)(a) substituted by section 14(b) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
| (a) | where a scheme is partly residential as defined in any applicable operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law, the total of the quotas allocated by the developer to the residential sections shall be divided among them in proportion to a calculation of their quotas made in terms of subsection (1); |
| (b) | where a developer alienates a unit in such a scheme before the sectional title register is opened, the total of the quotas allocated to the respective sections and the participation quota of that unit must be disclosed in the deed of alienation; and |
| (c) | where such disclosure is not made, the deed of alienation shall be voidable at the option of the purchaser and that the provisions of section 25(15)(b) shall mutatis mutandis apply in respect of any such alienation. |
| (3) | The quota of a section shall determine the undivided share in the common property of owner of the section. |
[Section 32(3) substituted by section 15(a) of the Schedule of Act No. 8 of 2011]
| (4) | [Section 32(4) repealed by section 15(b) of the Schedule of Act No. 8 of 2011] |
| (5) | The specification in the schedule to a sectional plan of the quota of each section and of the total of the quotas of all the sections in the building or buildings comprised in a scheme, shall for all purposes be deemed to be correct in the absence of proof to the contrary. |