Written by Herman Bonnet
21 January 2023

When purchasing an apartment under a sectional title, the rules governing the section title scheme are often the last thing the purchaser pays attention to. Only after the purchaser has moved into the apartment does the purchaser come to understand the important role of the rules in a sectional title community.

The subject of this article is to assist the sectional title owner in navigating and understanding their rights and responsibilities that come with purchasing a sectional title property.

What is regulated by sectional title rules?

Sectional title rules regulate the management and administration of the scheme and the owner’s right to use their section and the common property. The owner may discover that they are now required to request permission from the trustees on various subjects, such as keeping pets in the apartment.

What type of rules regulates a sectional title?

The Sectional Title rules can be divided into two subcategories, namely, management rules and conduct rules.

  • Management rules relate to the control, management and administration of the scheme.

Management rules concern itself mainly with administrative matters such as the election, meetings, powers and duties of trustees, the convening of and the procedure at a general meeting and the position of managing agents. It also includes the financial management of the sectional title.

  • Conduct rules deal exclusively with the use and enjoyment of the sections and the common property.

Conduct rules contain rules which regulate a sectional owner’s conduct with regard to their section and the common property. Matters such as the keeping of animals, refuse disposal, the parking of vehicles on the common property, damage or alteration to the common property, washing lines, and the eradication of pests are all governed by conduct rules.

Are sectional title rules set in stone?

It can be interpreted that the intention was not to bind sectional owners in perpetuity to the management and conduct rules. Section 10 of the Sectional Titles Schemes Management Act No. 8 of 2011 (hereinafter referred to as “STSMA”) expressly provides that the management and conduct rules can be substituted, added to, amended or repealed by a unanimous or special resolution of the body corporate.

Who can change sectional title rules?

Any person entitled to vote at a general meeting may move a motion to substitute, amend, add to, or repeal the rules. An owner may draft the terms of the proposed rule in the form of a motion and serve it on the trustees.

The trustees should then include the suggested new rule in the agenda for the next general meeting, where it may be put to a vote.

Are sectional title rules regulated?

By the promulgation of the Community Schemes Ombud Services Act No. 9 of 2011 (hereinafter referred to as “CSOS”), a dispute resolution mechanism and regulatory body were formed for sectional titles schemes and other community schemes.

STSMA provides for the requirement that all changes to management and conduct rules must be approved by CSOS in terms of the following procedure:

  • a notification of an intended amendment of the rules must be lodged with the chief ombud in the prescribed form as soon as reasonably possible but no later than 10 days after the date of the resolution of the body corporate;
  • an examination of the intended amendments will be held by the chief ombud and his personnel to determine whether they are reasonable and appropriate for the scheme;
  • the chief ombud will issue of a certificate of approval; and
  • the amended rules will be filed in the offices of the chief ombud.

What is considered by the chief ombud when a request to amend a rule is submitted?

On submission of the intended amendment of the rules, the chief ombud must consider the nature, characteristics and resident composition of the scheme and then decide whether such a rule is appropriate for the particular scheme.

The amended rules come into operation on the date of issuing the certificate of approval.

Is a blanket prohibition on the keeping of animals valid?

It can be argued that by not allowing an owner of a sectional title to keep an animal on their property amounts to infringement of the owner’s use and enjoyment of the property.

Further to the argument of use and enjoyment, the international sentiment, as well as South Africa, has moved to substantiating that the scheme rule prohibiting the keeping of animals is unreasonable and invalid for the following reasons:

  • the generalisation of the rule does not provide for a mechanism for the body corporate to consider the individual circumstances of each owner; and
  • this rule does not allow for a balanced consideration of the various sides of the issue and only favours the side of the owners of a sectional title as opposed to owning an animal.

Balancing the interests of all owners and occupiers in the scheme, the keeping of pets should be considered a prevalence of property ownership.

How can Sectional Owner Approach the change of the “no animals” rule?

It is advised to start with a formal letter to the Trustees and Managing Agent regarding your request to keep an animal.

This request should include the reasons for your request to keep an animal and any suggestions on how the animal will be controlled on common property. For example, the animal will be kept on a leash when on common property and that faecal matter will be collected and disposed of neatly.

The aforementioned request should include a date by which the Trustees and Managing Agent should respond, as it may be placed on the back burner until the next general meeting.

What Can I Do if the Trustees Reject my Request to Keep a Pet?

Should the Trustees reject the request, there are further remedies at your disposal.

The first step will be to file a complaint for mediation at CSOS regarding the unreasonable rejection of your request.

Should CSOS’s outcome not be favourable, or the Trustees want to dispute the award, you can approach the court for a determination of the matter.

This process can quickly become very expensive and time-consuming. It is, therefore, essential to gain legal advice and assistance to navigate the process of disputing Sectional Title Scheme Rules.

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE