PROPERTY MANAGEMENT
First introduced in 2020 , the new legislation establishes a legal framework for the use , possession and cultivation of cannabis in SA , and makes it legal for adults to use cannabis ( also known as marijuana or dagga ) in the privacy of their own homes – but the distinction between private and public spaces is more difficult to define in Sectional Title schemes .
It ’ s fairly obvious that Sectional Title residents cannot smoke or grow cannabis in any common property areas like passages , courtyards , garages and parking bays , playgrounds , gardens , clubhouses , shared braai areas or swimming pool surrounds .
In addition , no plants or dried cannabis can be bought or sold anywhere within a Sectional Title scheme . But what about residents smoking it on their own apartment balcony , for example , or growing it in their own townhouse garden ?
Generally , balconies and gardens that are registered as exclusive use areas are considered in Sectional Title schemes to be private spaces , while those that are not registered are considered public spaces , meaning that residents would have to refrain from using cannabis in those areas – even if no-one else in the complex could reach them .
But that ’ s not the end of things . Just like cigarette or vape smoke , cannabis smoke drifts , and could cause neighbours to object even if a resident was smoking on their own , exclusive use balcony or patio , or in their exclusive use garden , or in their private residence . Similarly , they might have concerns if there were cannabis plants growing in an exclusive use garden space that could easily be accessed by others , especially children .
At that stage , the trustees might decide to invoke Section 13 of the Sectional Title Schemes Management Act ( STSMA ), which states that an owner must not use his or her section or exclusive use area , or permit it to be used , in a manner or for a purpose which may cause a nuisance to any occupier of a section .
60 REI MAGAZINE SEPTEMBER 2024