Summary of Judgment: Baydunes Sectional Title Scheme If you are living in a Sectional Title Scheme it is important to note that you cannot unilaterally change the use of your garage. Background: This case is an appeal under section 57 of the Community Schemes Ombud Service Act (“CSOS Act”) against an adjudication order that dismissed relief sought by the applicant. The dispute centers on the interpretation of section 13(1)(g) of the Sectional Titles Schemes Management Act (“Management Act”) and its management rule 30(f), specifically regarding the conversion of garages into living quarters within the Baydunes Sectional Title Scheme. Key Issues: • Whether section 13(1)(g) applies to the conversion of garages to living quarters. • The legality of conduct rule 10 and special resolutions 1 and 3 adopted by the body corporate. • The correct procedure for approving changes of use in sectional title schemes. Findings: • The court found that section 13(1)(g) does apply to the conversion of garages to living quarters. The term “section” is defined by the sectional plan and, in this scheme, includes both living quarters and garages as distinct subsections. • Any change of use that materially affects other owners—such as converting garages to living quarters, which impacts parking and common property—requires the unanimous written consent of all owners. • Special resolution 1 (approving garage conversions) and special resolution 3 (creating new exclusive use areas for parking) were declared unlawful, invalid, and set aside. Conduct rule 10 was also set aside for failing to comply with statutory requirements and for unfairly depriving some owners of parking. • The appeal succeeded, and the costs were awarded against the first respondent (the body corporate). Significance: • The judgment clarifies that changes to the use of any part of a section (such as a garage) that affect other owners require unanimous consent. • It reinforces the need for fair procedures and compliance with both the Management Act and local by-laws in sectional title schemes. • The court emphasized that the purpose of section 13(1)(g) is to protect the interests of all owners in a scheme when material changes are proposed. Order: • The appeal was upheld. • The adjudicator’s order was set aside (except for certain paragraphs). • It was declared that section 13(1)(g) applies to garage conversions, conduct rule 10 and special resolutions 1 and 3 are unlawful and invalid, and costs are to be paid by the first respondent. December 11, 2025 at 12:06 PM Cover image for Summary of Judgment: Baydunes Sectional
