Living in a Sectional Title Community scheme is not for everyone - this applies more so to people who enjoy socialising with friends in the form of partying often.
The law in general and certainly in the Sectional Title Schemes Management Act is based on how a reasonable person would act in any given situation.
It would be reasonable to take this to mean that we should apply equal measures of tolerance and consideration. Remember your neighbours also have rights.
Noise issues the trustees and managing agents most often have to deal with are:
> Neighbour's making a noise while entertaining their guests (socialising)
> Dogs barking or whining continuously
> Children running around screaming
Since social activities cause the most friction between neighbours we should highlight problem areas so as to mitigate problems and act in a reasonable way.
Night-time socialising causes the most neighbour on neighbour friction that can end up at the Community Schemes Ombud Service so it would be wise to consider the following issues:
Sitting on your patio at night having a few drinks and talking in normal tones carries to neighbours on both sides - it can even carry further on a still night. If it's 10pm - take the discussion inside - that's the reasonable thing to do.
Make sure your visitors know that there are rules in a sectional title scheme so they need to behave in a reasonable fashion which means considering your neighbours.
Dogs that bark or whimper for long periods are more than just a source of noise pollution; they can really disrupt ones mood - especially if its at night when a person is trying to sleep. Dog owners must be more considerate and do all they can to silence their dogs.
Parents at Rietvlei Park are really spoiled by the big secure area for kids to play. However, these same parents may be out of earshot, when the kids are screaming on top of their voices in the field disturbing other residents. The considerate and wise thing to do would be to check on them from time to time. Not to mention instructing them in the simple rule of play but keep the noise down.
The STSMA (The Law) states the following in conduct rule 7:
Behaviour of occupiers and visitors in sections and on common property
7. (1) The owner or occupier of a section must not create noise
likely to interfere with the peaceful enjoyment of another section or another person's
peaceful enjoyment of the common property.
It goes on to state:
7. (3) The owner or occupier of a section must take reasonable
steps to ensure that the owner or occupier's visitors do not behave in a way likely to
interfere with the peaceful enjoyment of another section or another person's peaceful enjoyment of the common property.
7. (4) The owner or occupier of a section is obliged to comply with
these conduct rules, notwithstanding any provision to the contrary, contained in any
lease or any other grant of rights of occupancy.
We could leave this post right there, but experience has taught me that quoting the act is sometimes not enough so let's explore some scenarios:
Construction Noise from Alterations:
Your neighbour is undertaking some internal alterations to their unit so there will be some banging and drilling etc. The neighbours of adjoining units and beyond need to be tolerant of this work because they may have done work to their own units or may in the future do some work.
Consideration by Owner and Construction Workers:
The owner of the unit needs to be considerate by starting and stopping the noise generating work at reasonable hours
Tolerating Party Noise:
You have been made aware that your neighbour is throwing a birthday party for their 6-year-old child. This could also be a party with friends for any reason. It would be reasonable to tolerate the noise for a few hours - especially as the party is a day time event.
Party Planning Consideration:
You have informed your neighbours within a reasonable time that you intend to have the party and you have given details of how long it's expected to last and you make every effort to stick to what you have told your neighbours.
General
With party planning, you need to consider factors that would adversely affect your neighbours, like braai smoke. Rietvlei Park faces NNE and the wind is mostly SE which means the wind swirls around the buildings which can blow smoke right into the windows that may be open at your neighbours unit. This needs to be considered.
I had a neighbour once who one day after work turned his sound system up so loud my lounge wall was reverberating like a loudspeaker. When I approached him about the noise he became aggressive and said "I have the right to play my music as loud as I like in my home"!
He got the point when I asked if his right superseded my right to enjoy a quiet peaceful silence.
Remember to ask yourself "Am I being reasonable?", and remember "equal measures of tolerance and consideration" are what's needed in sectional title living.
Steve McDonagh - Chairman with 33 years experience living in sectional title
