A link to the following article was submitted by owner: Bryan Barrath. We discussed just inserting the link to the original article, but I decided to rather paste the Property 24 article in its entirety. My fear is that 5 years the article will still be valid, but the link may not be.
24 Feb 2008
Here are the 10 commandments which need to be borne in mind when living in and/or owning a Sectional Title unit.
1. Respect your neighbours
You, your family and your guests must respect your neighbours – you are living in a communal environment, lots of people represent the security you want, but not all the privacy you have with a full title property.
Obey the Body Corporate's Conduct Rules (usually they are lodged with the Deeds Office), remember a complex is as good as its rules.
Complaints to the Trustees have to be in writing, if not in writing it is just a moan and nobody has time for moans.
2. Realise what you do not own
Exclusive Use Areas, sole use areas, the outside "skin" of your unit, (including the roof, outside walls and the foundations) the boundary walls, passages, elevator, gardens, car ports, parking bays are all common property.
All owners "own" common property in undivided shares.
You require written permission from the Trustees before making any changes to the common property. You may not mark, paint, drive nails or screws or otherwise damage or alter any part of the common property. You may install security gates and burglar bars provided the Trustees have first approved in writing the nature and design of the device and the manner of the installation.
Geyser and toilet overflows not only waste water, the water also damages the common property (especially in blocks of flats). Overflows must be attended to as soon as possible failing which the Trustees will have the problem fixed (and the damage to the common property) for your account.
Signs and notices also require written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside. Advise your security company that they may not place their sign until you have the required written permission.
You do own the inside of your unit and you are obliged by the Act to:
- Repair and maintain it and not to use it or permit it to be used for such purpose as shall cause a nuisance to any other resident in the complex (see Noise).
- Not use the unit for any purpose that may be injurious to the reputation of the building.
- You are not permitted to make alterations that may impair the stability of the building, and;
- You are to maintain your hot water installation, even if the geyser is outside the unit.
3. Noise
Noise is a nuisance and you, your children and your visitors may not be the cause of any nuisance to the other residents in the complex.
Owners beware, you are responsible for the behaviour of your tenants and you may well be fined by the Trustees for the noise your tenants make (should there be a rule on Noise).
Noise is covered in the Environment Conservation Act of 1989 (should you wish to lay a charge privately), and it defines two types of noise a) Disturbing noise and b) Noise Nuisance.
Noise nuisance "means any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person". This covers all noise e.g. Barking dogs, machine noise, vehicles, garden implements, etc. There is a fine not exceeding R20k and/or prison for not more than two years if they are found liable on conviction.
4. Pets
The Sectional Titles Act Conduct Rules requires you to get written permission from the Trustees before you bring a pet onto the complex. Beware that some complexes have banned cats or dogs or pets in general by amending their rules and having them lodged at the Deeds Office for their Body Corporate.
Once you have the written consent to have an animal the animal may not be a nuisance to other residents, if it does the Trustees can withdraw their consent and you will have to find alternative accommodation for the animal.
Dogs on the common property must be on a leash at all times and the owner of the dog is responsible for picking up the excrement. All dogs must have licenses.
5. TV aerials/satellite dishes
The Sectional Titles Act Conduct Rules require you to obtain written permission from the Trustees before installing your aerial on common property. See number 2.
The aerial must not be installed in front of the townhouse as this affects the harmonious appearance of the complex. Request the installer to run a cable around the side and install it in a less prominent spot.
When leaving the complex you may take the dish but the bracket must remain for the next resident to use, this way damage to the common property is minimal. Any damage to the common property will be fixed by the Trustees for the owner's account.
The appearance of your unit from the outside is very important – you are not permitted to keep anything outside your unit which is not in keeping with the appearance of the complex e.g. rubbish kept on balconies, old washing machine on your front lawn.
6. Fire safety
Fires don't happen very often but you still need to analyse the situation you are in and have a plan of what to do if this should ever happen.
Ask yourself: is there a fire hazard in my unit? If there is be sure to advise your family of it. Check the exterior of the building too.
In big blocks of flats the Trustees need to have a plan of what to do if there ever is a serious fire e.g. How to advise everyone that there is a fire? Have the fire extinguishers been serviced every year? The hose reel, is it working or has it rusted up with non use over the years? Are the emergency exits locked without keys available? Will the fire engine get through the gates? Is there a fire hydrant for them to use?
Ask the Fire Marshall to visit your complex to check it out for fire safety and give you recommendations.
Residents may not store any material which is inflammatory e.g. petrol. Do not commit any "dangerous acts" in the building or on the common property which may increase the Body Corporate's insurance premium.
7. Refuse and cleanliness
You are responsible for taking your refuse to the refuse area and placing it in the container provided. Your kitchen refuse must be placed in plastic bags; tins must be completely drained so that the bag will not leak.
Your unit must be kept free of bugs, including borer beetles and cockroaches – these must be eradicated immediately to stop them affecting the entire complex.
Littering in the complex is not permitted! This includes any rubbish, soil, cigarette butts, food scraps or any litter whatsoever.
Exclusive Use Areas allocated to you have to be kept clean and tidy.
Laundry – you are not permitted to hang washing on any part of the building or the common property so to be visible from outside the building or from any other unit, i.e. no washing to be hung on balconies (use the washing lines provided).
8. Vehicles, parking and speeding
Vehicles: You are to ensure that you and your visitors vehicles do not drip oil or brake fluid onto the common property and no one is allowed to dismantle or do major repairs to vehicles on any part of the common property including Exclusive Use Areas.
Speeding: Town house complexes are for families and that means there will be children playing or just walking in the streets – you have no right to endanger their lives by driving at speed to and from your unit. If you get there or to the gate a minute later, how will this change your life? What will change your life is killing or maiming someone's child.
Parking: You may not park any vehicle on the common property without the written consent of the Trustees (this does not include your allocated parking area). The Sectional Titles Act Conduct Rules allow the Trustees to have vehicles towed away at the risk and expense of the owner of the vehicle.
9. Security
They say a chain is as strong as its weakest link and so it is with security in a complex. The residents that open the gate/door for someone they do not know, the driver that drives off before the gates are closed will always be the weak link in even the most expensive security system.
Realise that your actions may lead to your unit being robbed or your family or another resident being robbed, raped and/or murdered – do you want this on your conscience?
Your family and maid need to be instructed not to buzz strangers into the complex and to be vigilant when seeing strangers in the complex. Do not give all and sundry the code to get in.
Be responsible, these are trying times we live in and security is everyone's concern, so don't blame your Trustees.
10. Owners
Body Corporate Levies: Your monthly levy is the lifeblood of the Body Corporate so pay your levy! The levy is payable in advance due on the first day of each month.
Letting your unit: The Rental Housing Act obliges owners to make the Conduct Rules a part of your lease agreement. Remember you are responsible for their behaviour. Try to match your tenants with the residents in the complex, if they fit in with their peer group they will be happier, be good tenants and stay longer.
AGM: Attend the annual general meeting, it is the least you can do for your investment.
Trusteeship: Volunteer to become a Trustee and have a say in the running of the complex.
Trustees' meetings: You are permitted to attend so attend as often as you can.
These "10 Commandments" are by no means complete, but they do cover most of what the owners' and occupiers' responsibilities which are detailed in the Sectional Titles Act of 1986 and the Management and Conduct Rules.
Each Body Corporate is unique and Conduct Rules need to be fine tuned to suit your scheme's circumstances e.g. if there is a pool in the complex this represents a danger to young children - you therefore need a rule to disallow children in the pool area without adult supervision. You are also required to have a child proof gate on the entrance to the pool enclosure and insurance companies insist on indemnity signs as well as signs detailing the depth of the pool, etc.
You can imagine the huge cost to the Body Corporate if a child dies of drowning (or by a freak accident) and it is deemed by the courts that it could have been prevented had the Trustees applied their minds to the risks inherent in the scheme. – Les Reynard
Readers' Comments
I have a question with regards to the erection of signs and notices. I am aware that if I, as the owner, wish to put up a noticeboard on my outside wall, then I need written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside.
However, can the Trustees erect any noticeboard on anybody's walls without consent from the owner?
The legal intent of the clause in the Sectional Title's Act is there to prevent owners from defacing the outside walls of the property, which would go against the aesthetical objectives of the complex.
However, this clause does not give Trustees carte blanche to do as they please on your wall?
It is posing a security risk, since people are loitering outside our property while reading the noticeboard. It is also a security risk, since people can 'validly' look around the property.
Please advise - Anne Stanton
This is an interesting one. I wish you had told us what the sign was about.
You are correct in that owners require written permission from the Trustees to put up a sign on common property - the Trusees cannot give written permission to themselves, however I would request the minutes of their meeting where this was discussed and resolved.
Trustees require to have meetings and to agree on resolutions by a majority vote - did this occur? Or is it just the Chairman doing his thing?
Firstly, you need to complain to the Trustees in writing (at the same time request to have a copy of the minutes of their meeting) and request you be at their meeting when they discuss your corrospondence. In this way you can be interactive with them and hopefully get them to move the sign.
Finally, if is proves to be a security risk you can always declare a dispute in terms of Management Rule 71 and ask for the matter to be taken to Arbitration. Good luck. - Les Reynard
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1. Respect your neighbours
You, your family and your guests must respect your neighbours – you are living in a communal environment, lots of people represent the security you want, but not all the privacy you have with a full title property.
Obey the Body Corporate's Conduct Rules (usually they are lodged with the Deeds Office), remember a complex is as good as its rules.
Complaints to the Trustees have to be in writing, if not in writing it is just a moan and nobody has time for moans.
2. Realise what you do not own
Exclusive Use Areas, sole use areas, the outside "skin" of your unit, (including the roof, outside walls and the foundations) the boundary walls, passages, elevator, gardens, car ports, parking bays are all common property.
All owners "own" common property in undivided shares.
You require written permission from the Trustees before making any changes to the common property. You may not mark, paint, drive nails or screws or otherwise damage or alter any part of the common property. You may install security gates and burglar bars provided the Trustees have first approved in writing the nature and design of the device and the manner of the installation.
Geyser and toilet overflows not only waste water, the water also damages the common property (especially in blocks of flats). Overflows must be attended to as soon as possible failing which the Trustees will have the problem fixed (and the damage to the common property) for your account.
Signs and notices also require written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside. Advise your security company that they may not place their sign until you have the required written permission.
You do own the inside of your unit and you are obliged by the Act to:
- Repair and maintain it and not to use it or permit it to be used for such purpose as shall cause a nuisance to any other resident in the complex (see Noise).
- Not use the unit for any purpose that may be injurious to the reputation of the building.
- You are not permitted to make alterations that may impair the stability of the building, and;
- You are to maintain your hot water installation, even if the geyser is outside the unit.
3. Noise
Noise is a nuisance and you, your children and your visitors may not be the cause of any nuisance to the other residents in the complex.
Owners beware, you are responsible for the behaviour of your tenants and you may well be fined by the Trustees for the noise your tenants make (should there be a rule on Noise).
Noise is covered in the Environment Conservation Act of 1989 (should you wish to lay a charge privately), and it defines two types of noise a) Disturbing noise and b) Noise Nuisance.
Noise nuisance "means any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person". This covers all noise e.g. Barking dogs, machine noise, vehicles, garden implements, etc. There is a fine not exceeding R20k and/or prison for not more than two years if they are found liable on conviction.
4. Pets
The Sectional Titles Act Conduct Rules requires you to get written permission from the Trustees before you bring a pet onto the complex. Beware that some complexes have banned cats or dogs or pets in general by amending their rules and having them lodged at the Deeds Office for their Body Corporate.
Once you have the written consent to have an animal the animal may not be a nuisance to other residents, if it does the Trustees can withdraw their consent and you will have to find alternative accommodation for the animal.
Dogs on the common property must be on a leash at all times and the owner of the dog is responsible for picking up the excrement. All dogs must have licenses.
5. TV aerials/satellite dishes
The Sectional Titles Act Conduct Rules require you to obtain written permission from the Trustees before installing your aerial on common property. See number 2.
The aerial must not be installed in front of the townhouse as this affects the harmonious appearance of the complex. Request the installer to run a cable around the side and install it in a less prominent spot.
When leaving the complex you may take the dish but the bracket must remain for the next resident to use, this way damage to the common property is minimal. Any damage to the common property will be fixed by the Trustees for the owner's account.
The appearance of your unit from the outside is very important – you are not permitted to keep anything outside your unit which is not in keeping with the appearance of the complex e.g. rubbish kept on balconies, old washing machine on your front lawn.
6. Fire safety
Fires don't happen very often but you still need to analyse the situation you are in and have a plan of what to do if this should ever happen.
Ask yourself: is there a fire hazard in my unit? If there is be sure to advise your family of it. Check the exterior of the building too.
In big blocks of flats the Trustees need to have a plan of what to do if there ever is a serious fire e.g. How to advise everyone that there is a fire? Have the fire extinguishers been serviced every year? The hose reel, is it working or has it rusted up with non use over the years? Are the emergency exits locked without keys available? Will the fire engine get through the gates? Is there a fire hydrant for them to use?
Ask the Fire Marshall to visit your complex to check it out for fire safety and give you recommendations.
Residents may not store any material which is inflammatory e.g. petrol. Do not commit any "dangerous acts" in the building or on the common property which may increase the Body Corporate's insurance premium.
7. Refuse and cleanliness
You are responsible for taking your refuse to the refuse area and placing it in the container provided. Your kitchen refuse must be placed in plastic bags; tins must be completely drained so that the bag will not leak.
Your unit must be kept free of bugs, including borer beetles and cockroaches – these must be eradicated immediately to stop them affecting the entire complex.
Littering in the complex is not permitted! This includes any rubbish, soil, cigarette butts, food scraps or any litter whatsoever.
Exclusive Use Areas allocated to you have to be kept clean and tidy.
Laundry – you are not permitted to hang washing on any part of the building or the common property so to be visible from outside the building or from any other unit, i.e. no washing to be hung on balconies (use the washing lines provided).
8. Vehicles, parking and speeding
Vehicles: You are to ensure that you and your visitors vehicles do not drip oil or brake fluid onto the common property and no one is allowed to dismantle or do major repairs to vehicles on any part of the common property including Exclusive Use Areas.
Speeding: Town house complexes are for families and that means there will be children playing or just walking in the streets – you have no right to endanger their lives by driving at speed to and from your unit. If you get there or to the gate a minute later, how will this change your life? What will change your life is killing or maiming someone's child.
Parking: You may not park any vehicle on the common property without the written consent of the Trustees (this does not include your allocated parking area). The Sectional Titles Act Conduct Rules allow the Trustees to have vehicles towed away at the risk and expense of the owner of the vehicle.
9. Security
They say a chain is as strong as its weakest link and so it is with security in a complex. The residents that open the gate/door for someone they do not know, the driver that drives off before the gates are closed will always be the weak link in even the most expensive security system.
Realise that your actions may lead to your unit being robbed or your family or another resident being robbed, raped and/or murdered – do you want this on your conscience?
Your family and maid need to be instructed not to buzz strangers into the complex and to be vigilant when seeing strangers in the complex. Do not give all and sundry the code to get in.
Be responsible, these are trying times we live in and security is everyone's concern, so don't blame your Trustees.
10. Owners
Body Corporate Levies: Your monthly levy is the lifeblood of the Body Corporate so pay your levy! The levy is payable in advance due on the first day of each month.
Letting your unit: The Rental Housing Act obliges owners to make the Conduct Rules a part of your lease agreement. Remember you are responsible for their behaviour. Try to match your tenants with the residents in the complex, if they fit in with their peer group they will be happier, be good tenants and stay longer.
AGM: Attend the annual general meeting, it is the least you can do for your investment.
Trusteeship: Volunteer to become a Trustee and have a say in the running of the complex.
Trustees' meetings: You are permitted to attend so attend as often as you can.
These "10 Commandments" are by no means complete, but they do cover most of what the owners' and occupiers' responsibilities which are detailed in the Sectional Titles Act of 1986 and the Management and Conduct Rules.
Each Body Corporate is unique and Conduct Rules need to be fine tuned to suit your scheme's circumstances e.g. if there is a pool in the complex this represents a danger to young children - you therefore need a rule to disallow children in the pool area without adult supervision. You are also required to have a child proof gate on the entrance to the pool enclosure and insurance companies insist on indemnity signs as well as signs detailing the depth of the pool, etc.
You can imagine the huge cost to the Body Corporate if a child dies of drowning (or by a freak accident) and it is deemed by the courts that it could have been prevented had the Trustees applied their minds to the risks inherent in the scheme. – Les Reynard
Readers' Comments
I have a question with regards to the erection of signs and notices. I am aware that if I, as the owner, wish to put up a noticeboard on my outside wall, then I need written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside.
However, can the Trustees erect any noticeboard on anybody's walls without consent from the owner?
The legal intent of the clause in the Sectional Title's Act is there to prevent owners from defacing the outside walls of the property, which would go against the aesthetical objectives of the complex.
However, this clause does not give Trustees carte blanche to do as they please on your wall?
It is posing a security risk, since people are loitering outside our property while reading the noticeboard. It is also a security risk, since people can 'validly' look around the property.
Please advise - Anne Stanton
This is an interesting one. I wish you had told us what the sign was about.
You are correct in that owners require written permission from the Trustees to put up a sign on common property - the Trusees cannot give written permission to themselves, however I would request the minutes of their meeting where this was discussed and resolved.
Trustees require to have meetings and to agree on resolutions by a majority vote - did this occur? Or is it just the Chairman doing his thing?
Firstly, you need to complain to the Trustees in writing (at the same time request to have a copy of the minutes of their meeting) and request you be at their meeting when they discuss your corrospondence. In this way you can be interactive with them and hopefully get them to move the sign.
Finally, if is proves to be a security risk you can always declare a dispute in terms of Management Rule 71 and ask for the matter to be taken to Arbitration. Good luck. - Les Reynard
Have a comment or question about this article? Email us now..
Get up-to-date property news
Would you like to receive free weekly news and information about property in South Africa? Click here to register and sign up for Property24's Week in Review.
Property News
Click here for more property news articles.
Need a blog?
Start your own blog with a free blog from 24.com.
