Clarifying Exclusive Use Rights in Sectional Title Schemes

The recent judgment of the Western Cape High Court delivered on 29 September 2025 in Body Corporate of the Primavera Sectional Title Scheme v Godby (Case No. 20545/2024) is significant for body corporates and managing agents of sectional title schemes. It provides a clear determination of how exclusive use areas may or may not be validly created and enforced, and highlights the pitfalls of informal or legacy arrangements.
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NAMA is a voluntary, non-profit organisation that promotes and advances Community Scheme Property Management in South Africa and the common interests of those engaged in the business of Community Scheme Management.
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