Dealing with the complexities of sectional title communities

There are, however, ways to take back your quality of life without selling up and moving back to the suburbs.

Identify your property type

Establish whether your property is part of a sectional title scheme or full title, where you have full ownership of both the building and the land it is situated on. If your property is full title, then our Understanding living under a homeowners' association article is for you. If yours is a sectional title scheme, then carry on reading.

Understand how body corporates work

A sectional title scheme is governed by a body corporate that is made up of all the unit owners in the complex. A board of trustees is elected by the body corporate to deal with the day-to-day running of the scheme. Some body corporates appoint a managing agent to deal with these duties, relying on their legal, financial, property management and revenue collection expertise to keep the complex running smoothly. 

Familiarise yourself with the rules

The Sectional Title Schemes Management (STSM) Act requires the body corporate to establish a legally compliant set of management rules that set out administrative duties as well as a set of conduct rules that residents are required to uphold. These rules can be changed through body corporate resolutions, however, these amendments need to be submitted to the Community Schemes Ombud Service (CSOS) for approval. Importantly, sectional title rules that have not received a compliance certificate are not enforceable.

Understanding the rules is the first, and arguably most important, step towards harmonious community living. It is in these rules that you will establish how common property, such as parking, is shared; guidelines for the use of communal amenities such as washing lines, pools and braai areas; access restrictions and security expectations; pet policies and, of course, lifestyle and nuisance protection.

Establish your rights

Your sectional title scheme rules will also explain what you can expect from your body corporate, trustees, management agency, neighbours and the rest of the residents. It should also lay out the process to be followed in the case of a dispute or complaint. Remember, you are entitled to have your dispute heard; however, your trustees can reasonably require you to voice dissatisfaction in the appropriate forum. This could mean that the issue will not be discussed during the annual general meeting (AGM) but postponed to a separate session.

If the proper process is not followed or you are unhappy with the outcome, you can pursue legal action or apply to CSOS for conciliation or arbitration at a cost of R50 and R100 respectively.

It's worth noting that the rules cannot be changed without the passing of a unanimous resolution in the case of management rules and a special resolution where conduct rules are concerned. And these changes can only be put into effect once CSOS has determined them to be fair and reasonable.

This means that you are entitled to dispute instructions from the body corporate, board of trustees, chairman or management agency if the instructions are not provided for in the scheme's rules and a compliance certificate from CSOS cannot be produced.

Sectional title owners should also take the time to download and read the Sectional Titles Act  and STSM Act   to understand the rights afforded to them by the law.

Get involved

The best way to protect yourself and your property investment is to participate in the affairs of the body corporate. If you are unwilling to make yourself available to serve on the board of trustees, you should at least attend all meetings as well as formally draw attention to any shortfalls in the management of the complex or conduct rules going unheeded.