Sectional Title Matters
You forgot to say that the party went on till 3 o’clock, your music was very loud and your guests disorderly. What’s more, no less than 4 of your neighbours complained because they didn’t sleep at all on Saturday night and their children slept all the way through Sunday school!
When you live the distance of 2-brick’s and a layer of plaster from your neighbour it can be a recipe for disaster. But it needn’t be, and that’s why every Body Corporate should have its own set of Conduct Rules.
Conduct Rules are registered at the Deeds Office where the scheme is registered and are available to everyone. Your Trustees must give you a copy of the Conduct Rules if you ask for them . . . so you can never say you haven’t read the Rules.
Remember the old saying: “Ignorance of the Law is no excuse!”
The Rules are a ‘road-map’ to the do’s and don’ts of the scheme.
The Sectional Titles Act provides that you cannot abuse your rights of ownership by causing a nuisance to other residents.
If the Conduct Rules allow the Trustees to issue fines they can, as long as the way fines are charged is fair. At least 1, if not 2 warnings must be given before a fine is issued, and the fine is not out of proportion to the Rule that has been contravened.
If you broke the Rule you must also be given the opportunity to state your case; after all a sectional scheme is not a dictatorship!
Karen Bleijs Attorneys practice from Randhart and specialise in Sectional Title, Home Owners Associations and Retirement schemes. They can be contacted at kbleijs@ibalaw.co.za for a consultation.
