Prescribed Conduct Rules

Sectional Title Schemes and the Amended Conduct Rules 

What are PCR? Prescribed Conduct Rules 

The Sectional Title Schemes management Act 8 of 2011 (the STSMA) provides 8 prescribed conduct rules (PCR) in Annexure 2. These conduct rules are applicable to all sectional title schemes (including sectional title houses and sectional title complexes). 

Each sectional title scheme is slightly different in both nature and membership; therefore each scheme may require the amended conduct rules to suit the context of the scheme.  

The prescribed conduct rules act as a default concerning the conduct in sectional title schemes. PCRs (prescribed conduct rules) also provide a structure / platform / frame / skeleton / … for sectional title scheme managing agents and trustees to adapt and amend the PCRs into apt conduct rules. 

Prescribed conduct rules (PCR)

1.    Pets in sectional title schemes 

This sectional title rule states that trustees may prescribe any reasonable condition when approving applications to keep pets. It is common practice for many schemes to set these conditions out as an amended conduct rule in order to ensure certainty of understanding and equality. The nature of the scheme usually determines what is considered a reasonable condition. An example of a reasonable condition could include: 

  • One dog of certain height/weight may be kept; or 
  • Concerning all dogs: when on common property, all dogs must be kept on a leash of a specific length; or 
  • One cat may be kept per section or per person.
2.    Refuse and Waste Disposal 

The second provides for the storage and collection of refuse in schemes.
Schemes that are equipped with a room on site allocated to refuse may have an amended conduct rule providing for such an area. 

Schemes which employ a cleaning service may have this conduct rule amended providing that refuse is placed outside a section to be collected at a certain time or on a specific day. 

3.    Vehicle regulations in schemes

PCR 3 deals generally with vehicles in schemes. This conduct rule generally governs:

  • Parking (and parking disputes);
  • Use of garages;
  • Wheel clamping; 
  • Use of visitor parking bays and
  • Access control (concerning entering and exiting schemes).
4.    Damages to the common property 

In PCR 4, trustees are empowered to approve (in writing) the nature and design of any device to be installed on common property (as well as the manner of installation). An example would be the installation of window security. 

Provide an amended conduct rule in place that further provides for clear direction as to what is permitted (in specific detail) in a scheme. This ensures that any installation has a harmonious appearance within the scheme. This could include specifics in: size; design; colour; function and location. The rule may be extended to provide for the installation of security gates; DSTV dishes or washing lines. 

5.    The appearance of sections and areas for exclusive use  

This regulation (PCR 5) governs the use of areas which can be viewed from outside the scheme. This would include the outside of the scheme and garden: any outdoor furniture; garden equipment; washing-lines; storage facilities; or recreational equipment (trampolines, bicycles or floating devices if the scheme has a swimming pool).

It is advisable to make amendments to this sectional title rule in order to set out exactly what items are allowed or not.

The pleasing aesthetic appearance of a sectional title scheme is a highly subjective matter, therefore an amended conduct rule ensures that all members adhere to the schemes conduct and conditions of approval set out by the trustees. 

6.    The storage of flammable material 

Any dangerous item that is stored within a section or on the common property; as well as any dangerous conduct, may result in an increased rate of insurance premium or rejection of insurance claims. As a result, many sectional title schemes amend this rule either to prohibit or regulate the use of potentially dangerous areas such as fireplaces and braai areas. 

7.    The behaviour of occupiers and visitors in sections and on common property

This rule provides for the peaceful enjoyment of all sections and the common property. The rule (PCR 7) states that any owner or occupier must refrain from unreasonably interfering with the peaceful enjoyment of another section or the common property - by making noise or obstructing the use of common property. 

Owners and occupiers must take reasonable action to ensure that their visitors do not cause any such interference. 

8.    Pest removal / eradication / extermination 

This conduct rule (PCR 8) deals with the:

  • Inspection for, 
  • Extermination and 
  • Removal of pests , and 
  • The liability for all costs relating to pests within sections. 

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

Contact our property attorneys in Cape Town or our property attorneys in Johannesburg for legal assistance regarding sectional title scheme management in South Africa.
 

 

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