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.