Enforcement of rules - Part 1

In our last newsletter we looked at tenants and frequently asked questions relating to tenants. In this newsletter, we will look at the enforcement of rules in a scheme.

In this newsletter, we will look at the enforcement of rules in a scheme. There is something about living in close proximity to one's neighbors that can lead to disharmony which, if not nipped in the bud can wreak havoc in a sectional title complex.

For this reason, it is of the utmost importance that trustees ensure that rules are complied with and enforced.

With this in mind, legislators introduced a new conduct rule in the Sectional Title Schemes Management Act. This Conduct Rule 7 -Behavior of occupiers and visitors in sections and on common property sets out the expected behavior for occupants and visitors.

This rule shortly requires that an owner or occupier of a section:

• must not create noise likely to interfere with the peaceful enjoyment of another person's section or common property

• must not obstruct the lawful use of common property by any other person

• must take reasonable steps to ensure that their visitors don't behave in a way likely to interfere with the peaceful enjoyment of a section or common property

and lastly and most importantly

• is obliged to comply with these conduct rules, despite any provision to the contrary contained in any lease or any other grant of rights of occupancy.

In part 2 of this newsletter we will look at other rules not behavioral in nature, which need to be enforced legally.

Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title

Johannesburg | Durban | Cape Town | Bloemfontein | Port Elizabeth | Pretoria

www.cia.co.za