By Maria van Zyl
A common misconception in sectional title schemes is that the trustees of the body corporate are empowered to make rules, commonly referred to as “House Rules”, and that these so-called House Rules are valid and enforceable against the members and occupants of the scheme.
Typical examples of House Rules which we commonly see are ones where the trustees try to regulate the times during which the swimming pool may be used or where they try to prevent Uber drivers from entering the complex.
The first thing that we always explain to our clients is that the Sectional Title Schemes Management Act (“the Act”) provides for only two types of rules regulating the governance of sectional title schemes, namely management and conduct rules, and that any “House Rules” made by the trustees are not provided for or recognised in terms of the Act and therefore not valid or enforceable.
The Act contains very prescriptive guidelines on how to add, substitute and amend management and conduct rules and for good reason, as it ensures that the principles of democracy are protected and it prevents an authoritarian style of management. The Act requires a unanimous resolution to amend management rules and a special resolution to amend conduct rules. In addition, once the amended rules are duly approved by the members they must be lodged with, examined by and approved by the chief ombud. The amended rules only come into operation and are enforceable by the body corporate, on the date of the issuing of the certificate of approval by the chief ombud.
The checks and balances contained in the Act have been put in place to protect all owners and occupiers against overzealous trustees and should the trustees present you with a copy of the so-called “House Rules” you should call them out for not playing by the rules of the game.
Maria van Zyl (LLB, LLM), is an Associate at The Advisory, a boutique consultancy specialising exclusively in community schemes law.
Contact her at www.theadvisory.co.za or email info@theadvisory.co.za if you require assistance with trustees imposing illegal rules into your scheme.
Thank you so much for that very useful information. Sectional Title living can be very stressful especially when Trustees often have no knowledge of Sectional Title law. I so appreciate being able to approach The Advisory for help and reading your wonderful articles. Thank you Thank you.