Exclusive Use Levies, What you need to know

The Sectional Titles Schemes Management Act (STSMA) and its Prescribed Management Rules (PMRs) and Prescribed Conduct Rules (PCRs) provide the framework for the management of sectional title schemes in South Africa. Regarding Exclusive Use Areas (EUAs) and the imposition of levies for their maintenance, the situation is nuanced:

General Principle:

• Section 3(1)(c) of the STSMA mandates that the body corporate must require owners who have exclusive use of a part of the common property to make additional contributions to the body corporate fund to cover costs related to that EUA. These costs include rates, taxes, insurance, and maintenance. This applies whether the exclusive use right is registered or conferred by the rules.

Levy for EUA Maintenance:

• Based on Section 3(1)(c), it is generally mandatory for the body corporate to ensure that owners of EUAs contribute towards the maintenance costs of those areas. This is to avoid a situation where all owners in the scheme subsidize the maintenance of areas that only benefit a specific owner or group of owners.

Body Corporate Generating Sufficient Funds:

• The question arises if a separate levy for EUAs is still required if the body corporate's general funds are sufficient to cover the maintenance of these areas. While the body corporate might have a surplus, the principle of fairness and equitable cost distribution usually dictates that the owners who have exclusive use should bear the financial responsibility for the upkeep of those specific areas.

• Not imposing a separate EUA levy when maintenance costs are incurred for those areas could be seen as other owners subsidizing the EUA holders, which goes against the intention of the STSMA.

• The purpose of Section 3(1)(c) is specifically to ensure that those who benefit exclusively from a part of the common property also contribute to its related expenses, including maintenance.

Exceptions or Considerations:

• Scheme Rules: The rules of a specific sectional title scheme can sometimes outline the responsibilities for maintenance of EUAs differently. If the rules explicitly state that the owner of the EUA is solely responsible for all maintenance and repair costs within their EUA, and not the body corporate, then the body corporate might not impose a levy for this purpose. However, the body corporate would still likely levy for other EUA-related costs like insurance and rates.

• Type of EUA: The nature of the EUA and what constitutes "maintenance" can sometimes be a point of contention. For example, the maintenance of a garden area might be different from the maintenance of a parking bay.

• Transparency and Budgeting: Even if the body corporate has sufficient funds, it is good practice to transparently budget for the estimated costs of maintaining EUAs and allocate these costs to the relevant EUA holders through a specific levy. This ensures accountability and clarity in the scheme's finances.

• High Court Guidance: Recent court cases have provided guidance on how EUA levies should be calculated, emphasizing that they should be based on the actual anticipated costs related to the EUA and should not include contributions to the scheme's reserve fund for general common property maintenance.

In conclusion, while a body corporate might have sufficient general funds, the STSMA generally mandates that a levy be imposed on owners of Exclusive Use Areas to cover the costs associated with those areas, including maintenance. This is to ensure fair and equitable cost distribution. The specific rules of the scheme might have provisions that alter this in terms of who performs and pays for the maintenance, but a contribution towards EUA-related expenses by the EUA holder is usually required.

It is always recommended to consult the specific rules of your sectional title scheme and seek legal advice if there is any uncertainty regarding the interpretation and application of the STSMA and its rules concerning EUA levies and maintenance.

Ficus Trees on Common Property

Decision to Remove Ficus Trees at Rietvlei Park

In a proactive move to protect the structural integrity and maintenance costs of Rietvlei Park, the sectional title trustees have made a significant decision regarding the removal of Ficus trees. These trees, while aesthetically pleasing, posed serious threats to both building structures and drainage systems.

Phase One: Removal Along Unit 33

The first phase involved removing four Ficus trees located along the common property wall adjacent to unit 33. The primary concern was that their roots were encroaching under the foundations of unit 33, threatening potential damage. To mitigate this risk and ensure safety, these trees were replaced with Waterpear trees. This decision aligns with responsibilities outlined in Sectional Title legislation, where trustees are tasked with managing common property for all owners' benefit.

Phase Two: Drainage Issues in Block (I)

The second phase targets four more Ficus trees situated in block (I), which comprises units 69-78. These trees have been causing persistent issues by blocking drains, resulting in costly cleaning services and even pipe replacements for the Body Corporate. By removing these problematic trees, trustees aim to reduce maintenance expenses associated with frequent drain blockages.

The planning is completed for phase two. The next step is to place the order then it's a case of the tree experts (Green Cycle Trees) adding us to their timing plan. Hopefully the work will be completed this month or early March. 

Characteristics of Ficus Trees

Ficus trees are known for their extensive root systems that can spread far beyond their canopy area. This characteristic makes them prone to causing structural damage by infiltrating foundations or disrupting underground infrastructure like pipes. In contrast, Waterpear trees generally have less invasive root systems compared to large ficus species.

Conclusion

The decision by Rietvlei Park's sectional title trustees reflects a commitment to maintaining property values while addressing practical challenges posed by certain tree species within communal spaces. By replacing problematic ficus with more suitable alternatives like Waterpear trees, they ensure both aesthetic appeal and reduced maintenance costs over time.

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.