Property Law and Sectional Title

 

 

 

While a body corporate may have rules regarding the disconnection of electricity for non-payment of levies or other breaches, they cannot simply disconnect your power without due process.  Even if such a rule exists, the body corporate must obtain a court order authorizing the disconnection. This legal requirement protects owners' rights and ensures that any disconnection is legally justified and considers the specific circumstances of the owner in question.  It's important to understand that the body corporate cannot act unilaterally in this matter.

Yes, it's possible.  According to Prescribed Management Rule (PMR) 21(3)(c), a body corporate may charge interest on overdue levies and other amounts owed.  However, this is subject to certain conditions

  • Trustee Resolution The body corporate must have a written resolution from the trustees authorizing the charging of interest.
  • Interest Rate Limit The interest rate cannot exceed the maximum annual interest rate permitted under the National Credit Act of 2005.
  • Compounding Interest, if charged, is typically compounded monthly in arrears.


It's important to consult your body corporate's rules and any trustee resolutions in place to understand their specific policies regarding late payments and interest charges.

Trustees hold a position of significant responsibility within a body corporate.  They have a fiduciary duty, meaning they are legally obligated to act in the best interests of all owners and manage the property and finances responsibly.  Their core duties include

Management of Common Property Trustees are responsible for the control, management, and administration of the common property, ensuring its maintenance and upkeep.
Rule Enforcement They must ensure that all owners comply with the rules of the sectional title scheme.
Levy Collection Trustees play a key role in ensuring levies are paid, as these funds are essential for the operation and maintenance of the complex.
Managing Agent Appointment Trustees may appoint a managing agent to assist with the day-to-day running of the building or complex.
Regular Meetings The Sectional Titles Act mandates that trustees meet at least once every three months.

When tenants violate the conduct rules of a sectional title scheme, the trustees should first contact the unit owner.  The owner is ultimately responsible for the actions of their tenants, visitors, family members, and contractors.  It's advisable for owners to include a clause in their lease agreements requiring tenants to adhere to the conduct rules.  This makes compliance a condition of the lease.

If the tenant's non-compliance continues, the trustees may take legal action against the owner.  This is because the owner is held accountable for the tenant's behavior.  Such action could ultimately lead to the tenant's lease being cancelled and an eviction application being filed against them by the owner.

As a property owner, you have several avenues available to address concerns or disputes within your community scheme.  

Attend General Meetings:  Active participation in general meetings is crucial.  These meetings provide a platform to voice your concerns, discuss issues, and vote on important matters such as the election of trustees and budget approvals.  Your vote can directly influence decisions impacting your community

  • Request Access to Records Transparency is key. You have the right to request access to essential records, including financial statements, budgets, meeting minutes, and other relevant documents.  Reviewing these records can help you understand the financial health and decision-making processes of the body corporate.
  • Submit a Formal Dispute If you have a specific issue or dispute, it's important to document it. Submit a written dispute to the body corporate within 14 days of the issue arising.  Clearly outline the nature of the problem, relevant details, and your desired resolution.  This formal submission creates a record of your concern.
  • Utilize Dispute Resolution Mechanisms  If informal resolution attempts are unsuccessful, you can explore formal dispute resolution options.  Mediation can be a constructive way to find a mutually agreeable solution.  Alternatively, you can refer the matter to the Community Schemes Ombud Service (CSOS) for adjudication.  The CSOS provides a dedicated platform to resolve disputes within community schemes.
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Sectional Title Scheme Conduct Rules in South Africa

Living in a sectional title scheme requires understanding and adhering to certain rules designed to ensure harmonious co-existence. The Sectional Titles Schemes Management Act 8 of 2011 (STSMA) provides a framework for these rules, including Prescribed Conduct Rules (PCRs) which act as a default set of regulations.

What are Prescribed Conduct Rules (PCRs)?

The STSMA's Annexure 2 outlines eight PCRs applicable to all sectional title schemes in South Africa. These rules cover various aspects of conduct within the scheme and provide a foundation for managing agents and trustees to develop more specific and tailored conduct rules.

Key Prescribed Conduct Rules and Common Amendments

1.  Pets The PCR allows trustees to set reasonable conditions for keeping pets. Common amendments include specifying

  •        The type, size, and number of pets allowed.
  •        Requirements for leashing pets on common property.

2.  Refuse and Waste Disposal This rule addresses refuse storage and collection. Amendments may specify designated collection points, times, and procedures, especially in schemes with on-site refuse rooms or cleaning services.

3.  Vehicles This rule covers various vehicle-related issues, including:

  •        Parking regulations and dispute resolution.
  •        Garage usage.
  •        Wheel clamping procedures.
  •        Visitor parking.
  •        Access control.

4.  Damage to Common Property The PCR empowers trustees to approve installations on common property. Amended rules often provide detailed guidelines on:

  •        Permitted installations (e.g., security gates, window security, DSTV dishes, washing lines).
  •        Specifications for size, design, colour, function, and location to maintain a consistent aesthetic appearance.

5.  Appearance of Sections and Exclusive Use Areas This rule governs the appearance of areas visible from outside the scheme, such as gardens and balconies. Amended rules may specify permitted or prohibited items, including:

  •        Outdoor furniture
  •        Garden equipment
  •        Washing lines
  •        Storage facilities
  •        Recreational equipment

6.  Storage of Flammable Materials This rule addresses the storage of dangerous materials and potentially hazardous conduct, which can impact insurance premiums and claims. Amendments often regulate or prohibit:

  •     The storage of flammable materials.
  •     The use of fireplaces and braai areas.

7.  Behaviour of Occupiers and Visitors This rule promotes peaceful enjoyment of sections and common property. It prohibits unreasonable interference, such as:

  •        Excessive noise.
  •        Obstruction of common property.
  •        Owners and occupiers are responsible for ensuring their visitors comply with these rules.

8.  Pest Removal/Eradication This rule addresses:

  •        Pest inspections.
  •        Extermination and removal.
  •        Liability for costs related to pest control within sections.

Amending Conduct Rules

Sectional title schemes can amend the PCRs to better suit their specific needs. The amendment process involves

1.  Proposal Changes are proposed to members at a special general meeting.
2.  Quorum A quorum of 33.33% of registered members (in person or by proxy) is required for the meeting to proceed.
3.  Approval 75% of the votes cast at the meeting must be in favour of the proposed changes. This 75% is calculated based on the quorum present.
4.  CSOS Approval Approved changes must be submitted to the Community Schemes Ombud Service (CSOS) for review and approval.
5.  Enforcement The amended rules become enforceable only after CSOS issues a certificate confirming the changes.

Our Expertise

We provide expert legal advice and assistance on all aspects of sectional title scheme management, including

  •    Interpreting and applying PCRs and amended conduct rules.
  •    Drafting and reviewing conduct rules.
  •    Assisting with the amendment process.
  •    Resolving disputes related to conduct rules.

Contact Aucamp Attorney's today for a consultation to discuss your sectional title scheme's conduct rule needs.