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Amendments to Conduct Rules in Sectional Title Schemes

Annexure 2 of the regulations to the Sectional Titles Schemes Management Act (STSMA) 8 of 2011 provides 8 prescribed conduct rules (PCR) which apply to all sectional title schemes. However, due to the unique nature of each individual scheme, these rules may be subject to amendment.

Prescribed Conduct Rules in Sectional Title Schemes

Pets

The first PCR addresses and governs the rights of an owner to keep pets. The trustees may determine reasonable conditions which may allow the application to keep a pet to be approved.

Schemes may choose to have these conditions stipulated in the conduct rule which ensures the conditions are adhered to. The unique nature of the scheme will determine what the reasonable conditions may include.

The following are examples of what the conditions may be:

  • Only one dog of a particular weight or height
  • Only one cat
  • Dogs exploring common property must be kept on a leash of a certain length
Refuse and waste disposal

Rule 2 of the prescribed conduct provides for storage and collection of refuse within the scheme. Schemes with a dedicated refuse room may apply an amended conduct rule which addresses the use of the room.

If a scheme has employed cleaning staff, the conduct rule may be amended in such a way that allows homeowners to place their refuse outside in a certain section to be collected on certain days or times.

Furthermore, a scheme may also provide regulated recycling facilities.

Vehicles

PCR 3 deals generally with the vehicles of the homeowners within the scheme.

Examples of amended conduct rules for the use of vehicles may include:

  • Regulations regarding the use of visitor parking bays
  • Access control procedures when entering and exiting the estate
  • Wheel clamping zones
  • The use of garages
  • The use of driveways
Damages to common property

In terms of the 4th prescribed conduct rule, the trustees are allowed to approve in writing the specifications of any device installed on common property such as security gates.

The amended conduct rule for this rule may include what is deemed acceptable in terms of:

  • Colour, design, size, location and function of the installation
  • Installation of DSTV satellite dishes
  • Window shutters
  • Washing lines
Appearance of section and exclusive use area

Rule 5 of the prescribed conduct rules governs the uniform appearance of a scheme. The trustees are responsible for ensuring that all members fully comply with the schemes regulations which ensure the appearance of the scheme remains aesthetically pleasing at all times.

This rule addresses the use of areas which may be viewed from outside.

Examples of amendments to this rule may include what is allowed in terms of:

  • Garden equipment
  • Storage boxes
  • Washing lines
  • Balconies
  • Garden furniture
Storage of flammable material

For insurance related purposes, PCR 6 is particularly important. This is because any dangerous conduct as well as storage of dangerous materials may cause a higher rate of insurance premiums.

Furthermore, in the event of an accident due to negligence, insurance claims may be rejected. Amended rules may either regulate or prohibit the use of fireplaces or braai areas as they may be considered potentially dangerous.

Behaviour of occupiers and visitors

The 7th PCR governs the behaviour of occupiers as well as visitors in sections and on common property. This rule requires the occupier to refrain from unreasonable interference with the keeping of peace in another section or on the common property by obstructing the use of common property or making a noise.

Additionally, the owner or the occupier is responsible for ensuring their visitors do not cause such an interference. Amendments to this rule allow certain time periods where noise must be kept to an absolute minimum or rules which regulate the use of communal facilities such as the swimming pool.

Eradication of pests

PCR 8 governs the inspection of pest infested property as well as the eradication and liability for costs related to a pest infestation within the sections of the scheme.

Van Deventer & Van Deventer Incorporated – Property Law in South Africa

Contact our property attorneys in Johannesburg and Cape Town for assistance with making amendments to conduct rules for sectional title schemes.

Please don't hesitate to contact us to help resolve disputes and amendments to conduct rules in sectional title schemes.

 

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