Real Estate Investor Magazine South Africa October/ November 2019 | Page 20

FINDING
Rules for changing
the rules
Change the terms of your sectional title scheme
I
f the owners in a specific Sectional Title scheme want to
make new “house rules” for their scheme, it’s very import-
ant that they follow the proper procedure. (intro intro) hours of use of a swimming pool, tennis court or braai facilities,
for example, or one limiting the number of people that can
attend a party or other social gathering at a single unit.
“There are two standard sets of rules that apply to all
Sectional Title (ST) schemes – the Prescribed Management
Rules and the Prescribed Conduct Rules that are contained in
annexures to the Sectional Title Schemes Management Act
(STSMA),” says CEO of Chas Everitt Property Group, Berry Everitt. “In a scheme where most of the owners are senior citizens,
they may want to create a rule governing the behaviour of
children at certain times or in certain areas such as stairwells
or passageways. Meanwhile, owners in a scheme located in
holiday areas may well want to create a rule prohibiting short-
term or Airbnb letting that they feel could compromise their
security systems.”
“The former regulates the management of the scheme and
its finances by the body corporate, its elected trustees and any
managing agent they appoint, while the latter regulate the
behaviour of owners and tenants and are intended to promote
harmonious living.”
The Prescribed Conduct Rules
cover such matters as:
The keeping of pets
The disposal of refuse
Parking on the common property
Changes or damage to the common property
Changes to the appearance of individual sections
The storage of flammable materials
Any behaviour by occupants and visitors that
might interfere with an owner or tenant’s peaceful
enjoyment of their section or the common property.
Every sectional title scheme is different, and for that
reason, the STSMA also makes provision for owners (the body
corporate) to make changes to these standard rules - or to add
new ones specific to a particular scheme.
“Owners may wish to create a specific rule dealing with the
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OCTOBER/NOVEMBER 2019 SA Real Estate Investor Magazine
Such amendments to the standard rules can be very useful,
because they seek to anticipate and eliminate possible sources
of disagreement and dispute among occupants of the scheme
and thus promote harmonious living.
“However, owners need to be careful that any proposed
amendment does not conflict with the prescribed
management rules, is reasonable and applies to all owners.
They must also ensure that it is formally passed by a special
resolution of the body corporate and then approved by and
filed with the Community Housing Schemes Ombud. If they
don’t do this, it will not be enforceable,” adds Everitt.
A special resolution means either a resolution passed by at
least 75% (in value and number) of the votes of the members of
a body corporate who are represented at a general meeting, or
agreed to in writing by members of a body corporate holding
at least 75% (in value and number) of all the votes. In addition,
when a special resolution is to be taken at a meeting, the
body corporate must give all members 30 days’ written notice
specifying the proposed resolution.
For more information contact
Berry Everitt on 011 801 2500
Or visit www.chaseveritt.co.za
SOURCE Chas Everitt