Equal Rule Enforcement in Sectional Title Schemes: A Legal Guide for Trustees & Body Corporates

Equal Rule Enforcement in Sectional Title Schemes: A Legal Guide for Trustees & Body Corporates

• 1.
  Equal Rule Enforcement in Se ction a l Title S che m e s
• 2.
  Sectional Title Schemes Wha t d o the y in clu d e ?
• 3.
  • Apartments andflats • Townhouse complexes • Certain types of cluster homes • Student accommodation (residences)
• 4.
  Body Corporates in S ection a l Title S che m e s
• 5.
  A body corporateconsists of every section owner in a scheme. The body corporate’s duty is to maintain all Common Property within the scheme and enforce its registered rules.
• 6.
  Scheme Rules 101 Accord in g to the S TS M A ct.
• 7.
  • A scheme’srules must be registered in the Deeds Office or with the CSOS to be enforceable. • Rules can either be Management Rules or Conduct Rules, given that they are approved by the proper resolution required. • S 10(3) of the the STSM Act states that all rules must apply equally to all section owners in a scheme.
• 8.
  The Unequal Application ofRules A ca s e s ce n a rio.
• 9.
  Allen and Thomasboth live in a sectional title scheme where the rules state that any owner wanting a pet must get written permission from the Trustees before bringing the pet into the scheme. Both Allen and Thomas ignore the scheme’s rules and each brings a dog into the scheme without prior written consent from the Trustees. The Trustees of the scheme proceed to have Allen’s dog removed from the scheme via a CSOS Adjudication Order. However, the Trustees choose to take no action against Thomas’s dog, because Thomas is friends with the Chairman of the scheme. The Trustees have therefore failed to apply the scheme’s rules equally to all section owners.
• 10.
  The Equal Applicationof Rules W ha t the tru s te e s s hou ld ha ve d on e .
• 11.
  To comply withSection 10(3) of the STSM Act, the Trustees in the case scenario were supposed to institute action against both Allen and Thomas by having both of their dogs removed via CSOS Adjudication Orders. It is unfair to have one unlawful pet removed from a scheme, while another pet stays in the scheme without the appropriate permission.
• 12.
  Equal application of rulesmakes for a fair and transparent body corporate.
• 13.
  Further Reading https://www.conviction.co.za/making-sectional-title-rules-that-work-a- practical-guide/ https://www.sowetanlive.co.za/opinion/letters/2025-01-13-reader-letter- rules-for-a-reason/ https://www.pressreader.com/article/281642490687022 https://www.pressreader.com/6510/20241009/281689735249243