Living In Rietvlei Park

Why living in a sectional title scheme is a great choice

If you are one of the owners of our scheme, you have made a smart decision to invest in a sectional title property. Sectional title living has many advantages, such as enhanced security, shared costs, access to amenities, and professional management. In this post, we will explore some of the benefits of living in a sectional title scheme and how we can foster a harmonious and respectful community.

What is a sectional title scheme?

A sectional title scheme is a type of property ownership where you own a section of a complex or development, such as a townhouse or an apartment, and an undivided share of the common property, such as the parking areas, roads, gardens, and recreational facilities. You also become a member of the body corporate, which is the legal entity that owns and controls the common property and makes the rules for the scheme.

Our scheme consists of 90 units, each measuring 110 square meters, and covers a total footprint of 4.5 hectares. We have a beautiful open field where children can play and a clubhouse. We also have a managing agent who takes care of the administration and maintenance of the scheme.

What are the benefits of living in a sectional title scheme?

Living in a sectional title scheme has many benefits, such as:

Security: You can enjoy a greater sense of security, as there are more people around, security facilities at the entrance, and high walls around the complex. You also have the support of your fellow owners and the body corporate in case of any emergency or problem.

Cost-effectiveness: You share the major costs involved with the upkeep of the property and the municipal services. You pay a monthly levy that covers the insurance premiums, maintenance of the common property, wages and salaries of the staff, and any water and electricity required for the common property. You only need to pay for your own rates and taxes, insurance for the contents of your unit, your own private garden, and your monthly electricity and water consumption.

Amenities: You get access to amenities that you might not be able to afford if you bought a freehold property, such as a clubhouse. You can also enjoy the open field and the gardens, which add to the aesthetic appeal and value of the property.

Management: You do not have to worry about the management and maintenance of the communal areas, as the managing agent takes care of these things for you. The managing agent also ensures that the rules of the scheme are enforced and that the financial affairs of the body corporate are in order.

How can we create a harmonious and respectful community?

Living in a sectional title scheme also comes with some responsibilities and challenges. We need to respect the rights and interests of other owners and occupants, and abide by the rules of the scheme. The rules are designed to promote a peaceful and orderly environment, and to protect the value and appearance of the property.

Some of the rules that we need to follow are:

Noise: We need to be mindful of the noise that we make, especially during the night or early morning. We should not play loud music, use noisy appliances, or have parties that disturb our neighbours. We should also supervise our children when they play on the open field, and ensure that they do not make excessive noise or damage the property.

Pets: We need to obtain the written consent of the trustees before we keep any pets in our units. We should also ensure that our pets do not cause any nuisance, annoyance, or damage to other owners or occupants, or to the common property. We should keep our pets on a leash when we take them outside, and clean up after them.

Parking: We need to park our vehicles only in the designated parking areas, and not on the common property or on the lawn. We should also not park more vehicles than we are entitled to, or obstruct the access or exit of other vehicles.

Refuse: We need to dispose of our refuse in a hygienic and proper manner, and use the bins or containers provided by the body corporate. We should not litter or dump any rubbish on the common property or the open field.

These are just some of the rules that we need to follow. You can find the full list of the management and conduct rules in the Annexures to these regulations. If you have any questions or suggestions about the rules, you can contact the trustees or the managing agent.

Conclusion

Living in a sectional title scheme is a great choice for many reasons. You can enjoy the security, cost-effectiveness, amenities, and management that come with it. You can also be part of a harmonious and respectful community, where you can interact with your neighbours and share the common property. We hope that you are happy and satisfied with your investment, and that you will continue to support the body corporate and the scheme. Thank you for being a valued owner of our scheme.

Sectional Title Common Property

Owning More Than Your Four Walls: Your Responsibilities for Common Property under the STSMA

Living in a sectional title scheme (STS) comes with many perks, like shared amenities and a sense of community. But with these benefits come responsibilities, especially regarding the upkeep of common property. As an owner, understanding your role in maintaining this shared space is essential for ensuring a smooth and harmonious living environment for everyone.

What is Common Property?

The Sectional Titles Schemes Management Act 8 of 2011 (STSMA) defines common property as "any part of the land or any building or structure on the land that is not a section." This includes things like:

> Building exteriors and roofs

> Lifts, staircases, and corridors

> Gardens, swimming pools, and braai areas

> Parking areas and entrance gates

Your Responsibility as an Owner:

While the body corporate is legally responsible for maintaining and repairing common property, each owner plays a crucial role in upholding these standards. Here are some key ways you can contribute:

Paying your levies on time: Levies fund the body corporate's operations and allow it to carry out essential maintenance and repairs. Timely payments ensure the common property receives proper care.

Reporting defects and safety hazards: If you notice any issues with common areas, like leaking pipes or broken lights, promptly inform the body corporate or managing agent. Early identification can prevent further damage and potential accidents.

Using common property responsibly: Respecting rules and regulations regarding noise, parking, and waste disposal helps maintain the integrity and cleanliness of shared spaces.

Participating in body corporate meetings and activities: Attending meetings allows you to voice your concerns, vote on decisions, and contribute to the overall management of the complex.

Understanding the STSMA and the scheme's rules: Familiarizing yourself with your legal obligations and the scheme's specific rules empowers you to act responsibly and resolve any disputes effectively.

Beyond Legal Requirements:

Beyond the legal framework, remember that common property is an extension of your living space. Taking an active interest in its upkeep enhances the enjoyment and value of your own unit. Simple acts like picking up litter, reporting suspicious activity, or volunteering for maintenance projects can significantly contribute to a positive and thriving community.

By understanding your responsibilities and actively contributing to the upkeep of common property, you can play a vital role in creating a safe, enjoyable, and well-maintained environment for yourself and your fellow residents. Remember, a well-managed STS is a win-win for everyone!

Additional Resources:

Sectional Titles Schemes Management Act 8 of 2011: [https://www.gov.za/sites/default/files/gcis_document/201409/a82011.pdf](https://www.gov.za/sites/default/files/gcis_document/201409/a82011.pdf)

National Association of Body Corporate Administrators (NABCOA): [https://www.southafrica.net/gl/en/business](https://www.southafrica.net/gl/en/business)

By working together, we can make our STS a place we're all proud to call home!

Neighbours in Sectional Title

Living in a sectional title scheme comes with its own set of rules and regulations, and one of the most important ones is to be considerate of your neighbors. This is especially true when it comes to noise, as it can be a major source of conflict between residents. 

It's important to remember that your neighbors have the right to enjoy their homes in peace and quiet, just as you do. This means that you should always be mindful of the noise you make, whether it's during the day or at night. 

Here are some tips on how to be a considerate neighbor:

1. Keep the volume down: If you're listening to music or watching TV, keep the volume at a reasonable level. This is especially important if you live in an apartment building or a townhouse complex where sound can easily travel between units.

2. Be mindful of your pets: If you have pets, make sure they're not making excessive noise that could disturb your neighbors. This includes barking dogs, meowing cats, and squawking birds.

3. Avoid loud parties: If you're planning on having a party or get-together, let your neighbors know in advance and keep the noise level down. You could also consider inviting them over to join in on the fun!

4. Communicate with your neighbors: If you're having issues with noise from your neighbors, try talking to them about it in a calm and respectful manner. They may not even realize that they're being too loud.

5. Consider your neighbors' friends: It's not just your neighbors that you need to be considerate of - it's also their friends and family who may be visiting them. Make sure that they're not making excessive noise either.

By following these tips, you can help create a harmonious living environment for everyone in your sectional title scheme. Remember, being a good neighbor is not just about following the rules - it's about being considerate and respectful of those around you.

Parking

In a sectional title scheme, the rules and regulations are put in place to ensure the smooth functioning and fair treatment of all residents. These rules are typically governed by the Sectional Titles Act and the scheme's management and conduct rules.

Allowing a resident to park in a visitors parking spot, even if there is no shortage of parking in the driveway, could still be considered a breach of the rules. Visitors parking areas are generally reserved for guests or visitors, and using them for long-term parking by residents may go against the intended purpose of those parking spaces.

Breaching the rules, even if it may seem minor, can have implications for the overall harmony and functioning of the sectional title scheme. It can create issues of fairness and may lead to conflict among residents.

It is important for trustees and residents to adhere to the rules and regulations set by the scheme. If there is an issue with parking availability, it would be more appropriate to discuss it with the body corporate or trustees to find a suitable solution that complies with the rules and meets the needs of all residents.

A Message to Animal Owners using Common Property

Sectional title schemes are defined as a form of communal living, meaning that all residents share common areas such as gardens, swimming pools, and parking lots. As such, it is essential that residents respect the communal nature of their living environment and behave in a way that promotes the overall wellbeing of the community. Unfortunately, some residents have been allowing their dogs to defecate on the common property, which is not only unsanitary but also disrespectful to fellow residents.

Firstly, allowing dogs to defecate on common property is a breach of health and safety regulations. Dog feces are a known carrier of bacteria, viruses, and parasites, which can cause severe illnesses such as E. coli and salmonella. In addition, dog feces can attract pests and insects such as flies and maggots, which can lead to infestations and further health hazards.

Moreover, allowing dogs to defecate on common property shows a lack of respect for other residents. The communal areas of sectional title schemes are shared by all residents, and nobody should be subjected to the unpleasant smell and sight of dog feces. Moreover, walking on a lawn or pathway covered in dog feces is not only unhygienic but also unpleasant, ruining the experience of using common areas for all residents.

Secondly, Responsible dog ownership practices can be encouraged. Dog owners should always carry poop bags with them when walking their dogs, and should be encouraged to dispose of the feces responsibly. Resident dog owners in sectional title schemes should also be required to register their pets with the body corporate so that they can be held accountable for their actions.

In conclusion, allowing dogs to defecate on common property is a detrimental and disrespectful practice that should not be accepted in sectional title schemes. It is the responsibility of all residents to maintain a healthy and hygienic living environment that promotes the wellbeing and happiness of all. By establishing clear expectations and enforcing rules, the community can work together to ensure that their communal living environment remains respectful, hygienic and enjoyable.

Who pays for that pipe? A guide to body corporate and owner responsibility in sectional title schemes

14/12/2022PaddocksPaddocks Press Newsletter

By Jennifer Paddock

Who pays?! 

This is the crux of most of the questions we
get from our members of Paddocks Club.

 

As many of you already know, the general rules are that the body corporate
pays for common property expenses and owners pay expenses associated
with their individual sections. But unfortunately it’s not as simple as looking
at the scheme’s sectional plan and identifying the nature of the property.
There are exceptions and provisos in the Sectional Title Schemes
Management Act No. 8 of 2011 (the ‘STSM Act’) that complicate many
maintenance, repair and replacement scenarios and really confuse
owners, trustees and managing agents alike. One of these confusing
areas is liability for pipes within a scheme.

In this article I unpack exceptions to the general rules and hope to provide
clarity on an often misunderstood area of the sectional title law.

1. Pipes within sections

Owners are usually responsible to arrange and pay for all maintenance,
repair and replacement costs of the property that forms part of their section
[section 13(1)(c) STSM Act], including water pipes. So if there is a leak in a
water pipe that forms part of their section, they are responsible to fix it and
pay for those repairs, right?

Well, maybe, but not necessarily, because section 3(1)(r) of the STSM Act
makes the body corporate liable to maintain, repair and replace a pipe
located within a section if that pipe exists to serve other parts of the scheme
(i.e. more than one section or the common property). This is an exception to
the general rules. So if there is a leak or other defect in a pipe located within
a section one needs to ask the question:

‘Does this pipe serve only this section?’

If yes, it’s the section owner’s responsibility.

If no, it’s the body corporate’s responsibility because it serves other parts
of the scheme.  

2. Common property pipes that serve only one section

Now, what about a water pipe located on the common property that exists
to serve only one section? I can’t tell you how many people think that the
‘user pays’ principle applies here. They think that because only one section
owner benefits from the common property pipe, that section owner is
responsible to pay for it. But the STSM Act doesn’t support this view.

The body corporate has a statutory duty to repair and maintain all of the
common property [section 3(1)(l) STSM Act], including common property pipes.
The fact that the pipe serves only one section doesn’t change this responsibility.
In fact, section 3(1)(r) of the STSM Act specifically makes the body corporate
responsible for pipes existing on the land ‘in favour of one section over the
common property’. So if the defect in the pipe is located on the common
property (and not within the owner’s section) the body corporate is legally
responsible to pay for the pipe maintenance, repair or replacement
notwithstanding the fact that the pipe serves only one section. 

3. Pipes in and under exclusive use areas

Ok, let’s tackle an even trickier question. Who is responsible for a pipe
located on or underneath an exclusive use area?

As a starting point we need to understand the legal nature of an
exclusive use area. An exclusive use area is common property,
co-owned by all owners of units in the scheme. Essentially the
nature of exclusive use rights is an agreement between all co-owners
that only one (or some) of them is entitled to use a defined area of
the common property to the exclusion of all other co-owners who,
in the absence of such an agreement, would have equal rights to
use that area.

As mentioned, section 3(1)(l) of the STSM Act requires the body
corporate to repair and maintain all of the common property which
includes exclusive use areas. But the proviso to section 3(1)(c)
requires the holders of exclusive use rights to pay for the costs
associated with those areas. As such, we must distinguish between
the body corporate’s operational responsibility to arrange the
maintenance and repair of exclusive use areas and the financial
responsibility of the holder of those exclusive rights to pay the
associated costs. This is another exception to the golden rules
and can be seen as a fair exchange in the agreement between
the holder of the exclusive use rights and all the other co-owners
of the common property who have agreed to give up their rights
to use that area.

In terms of section 3(1)(l) of the STSM Act, and in the absence of
any valid body corporate rule to the contrary, the body corporate
will always be responsible to arrange for the maintenance and repair
of exclusive use areas. But the answer to the question of ‘who pays’
can be remarkably complex.

Let’s take a look at an example. A unit owner in a sectional title
scheme holds exclusive use rights to a common property parking
pay in the scheme’s parking area. A water pipe runs over the parking
bay taking water into the scheme’s building. The pipe doesn’t benefit
or serve the parking bay in any way. There is a defect in the water pipe
and the defect is in the part of the pipe that is located in the exclusive
use parking bay. We know that the proviso to section 3(1)(c) requires
the holder of the exclusive use rights to pay for the costs associated
with the exclusive use area, but does that include paying for the repair
of this water pipe?

In our view, when considering financial responsibility for exclusive
use area works, two initial enquiries must be made:

1. Where are the boundaries of the exclusive use area? And does
    the defect fall within the exclusive use area’s boundaries? And,
2. What is the designated purpose of the exclusive use area?
   The answer to this question helps us identify what the exclusive
   use right holder has agreed to take financial responsibility for.

The location of the exclusive use area boundaries are crucial in
determining the nature of the property on which the defect is located.
And it’s not always easy to locate the exact boundaries of an exclusive
use area. For rule-based exclusive use areas, we look to the layout
plan attached to the rule which often isn’t precisely to scale. For
registered exclusive use areas, we consult the scheme’s sectional
plan which may or may not include notes providing guidance on
the exact location of these boundaries.

Once we have established the exclusive use area’s boundaries,
if the defect falls within the exclusive use area then we start from
the assumption that the holder of the exclusive use rights is
financially responsible. But before cementing that view, we consider
the purpose of the exclusive use area.

Going back to our example of the water pipe over the parking bay,
this second question of the exclusive use area’s purpose is important.
The purpose is parking of a vehicle and that is what the exclusive use
right holder has agreed to take financial responsibility for. Does the
water pipe running across that parking bay serve the purpose of parking
a vehicle in any way? In this case, no. In our view there is a good argument
to be made that the body corporate must take operational and financial
responsibility for repairing the defect in the common property pipe despite
the fact that the defect is located in an exclusive use parking bay area.
Why? Because the pipe exists to serve the scheme and not the
exclusive use area.

But there isn’t a one-size-fits-all answer to the financial responsibility
for exclusive use area pipes. Imagine an exclusive use area garden
area with a pipe running underneath it. Where are the boundaries of
that exclusive use area? Does the boundary extend below the surface
of the garden, underneath the ground? If so, how far down does it go?
Does the pipe serve the exclusive use garden area? Is there a tap
attached to the pipe? Now, what if the pipe serves a number of
exclusive use gardens but the defect in the pipe is under only one
exclusive use area? Can you see how complex these cases can get?

If you’re struggling with the question of ‘who pays?’ in relation to a
pipe or any other maintenance, repair or replacement issue in a
sectional title scheme, email a brief to consulting@paddocks.co.za 
and we’ll give you a no-obligation fixed-fee quote for expert
sectional title advice.

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Article reference: Paddocks Press: Volume 17, Issue 12.

Jennifer Paddock is a dual-qualified lawyer with experience
working as a strata title managing agent and solicitor in
New South Wales. Prior to this, she served as a specialist
sectional title attorney and practice manager at Paddocks
for five and a half years. She brings a wealth of knowledge
and expertise to the Paddocks team.
Contact her at consulting@paddocks.co.za.

Three ways to resolve unauthorized common property alterations

 27/07/2022PaddocksPaddocks Press Newsletter

In a consulting matter I dealt with this month, the trustees of a
scheme were undertaking the mammoth task of sorting out
20 years’ worth of unapproved alterations made to the
scheme’s common property.

Many schemes battle with unauthorised common property alterations.
These alterations are often undertaken quite innocently by owners of
sections who mistakenly believe they ‘own’ exclusive use areas
(EUAs) and can therefore build on them without body corporate
approval. They don’t realise that EUAs are in fact common property
and that in order to legally build on or alter their EUA they require body corporate approval via
an ordinary resolution. Prior to 7 October 2016, they required the written consent of the trustees.

In this article I’m sharing three options trustees may like to consider when attempting to clean up
these kinds of en masse unauthorised common property alterations.

1. Approach the local council for assistance

The common property alterations, whether properly approved by the body corporate or
not, may well require written approval from the local authority under the National Building
Regulations and Building Standards Act No. 103 of 1977. As such, if the owners in question
have not obtained local authority approval, they are in breach of the National Building
Regulations which means they are in breach of a law relating to the common property.
Trustees have a duty to ensure compliance with all laws relating to the common property and,
in order to remedy these breaches, it may be possible to have the local council order
individual owners to remove illegal building structures. 

2. Make application to CSOS 

The body corporate could make application to the Community Schemes Ombud Service (CSOS)
on a case by case basis, challenging each owner who has made unauthorised common property
alterations. However, the trustees would need to bear in mind the range of defences that an
owner may raise in response.

For example, estoppel. If, in the past, the body corporate has appeared to consent to the
alterations in some way (expressly or impliedly), then it may be estopped (prevented) from
forcing an owner to remove the alterations. If there has been a significant lapse in time since
the alterations were undertaken and the body corporate has failed to take action on the matter
until now, the body corporate’s inaction could be construed as implied consent. Or, if the unit has
 changed hands since the alterations were undertaken, implied consent could be construed from
the previous issuing of a levy clearance certificate, indicating that there were no outstanding
issues relating to the unit or its previous owner.

Other important considerations for trustees considering this route are the significant financial
and time costs. And, of course, there is always the very real risk that the adjudication orders
may not give the body corporate the desired relief or that the owner may refuse to comply with
the order. 

3. Pass a conduct rule to regularise the alterations

Another approach is to regularise and legalise all alterations that are acceptable to the body
corporate, rather than attempting to have them forcibly removed.

In order to achieve this, a proposed conduct rule can be drafted (preferably by an attorney well
 versed in sectional title management law) and put to the body corporate for approval by special
resolution, approving the existing common property alterations, subject to various reasonable
conditions that protect the body corporate and manage these common property areas appropriately.

If the trustees choose to go this route, it is important to first speak to the local council as council
approval of the existing alterations should be one of the conditions attached to body corporate
approval in the new conduct rule.

Whichever way trustees choose to deal with unauthorised common property alterations, whether
by trying to force removal via the local council or CSOS or by regularising and legalising them,
I recommend getting the majority of owners on board to support the process. Either way, there
are going to be costs to the body corporate, and in the case of regularising and legalising,
a special resolution is required to pass the new conduct rule. So the trustees are well advised to
call a general meeting with this topic on the agenda to get a directive from owners as to how they
should proceed to remedy the illegal alterations.

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Article reference: Paddocks Press: Volume 17, Issue 5.

Jennifer Paddock is a dual-qualified lawyer with experience working as a strata title managing
agent and solicitor in New South Wales. Prior to this, she served as a specialist sectional title
attorney and practice manager at Paddocks for five and a half years. She brings a wealth of
knowledge and expertise to the Paddocks team. Contact her at 

consulting@paddocks.co.za.

This article is published under the Creative Commons Attribution license.

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