By Ané de Klerk
Few things evoke Christmas cheer like homes beautifully decorated in all things Christmas. For some, a charming wreath greeting one at the door does the trick, while others like to add some soft fairy lights on the walls and/or trees in the front yard. Others choose to fully embrace the wonder of Christmas by going all out (think reindeer in the garden, sleigh on the roof and Santa’s legs sticking out of the chimney).
While it is important to respect each others’ convictions and aesthetic preferences, those living in sectional title schemes must remain mindful of the fact that the parts of the building on which these decorations are traditionally hung, such as the outside of one’s front door, the walls outside and the roof, is normally common property and therefore the property of all unit owners’ jointly.
Before decorating this joint property it is important to peruse the scheme’s rules to ascertain what is acceptable and what is not. The default position as set out in the Prescribed Conduct Rules is that owners and occupiers may only mark and drive nails, screws and other objects into the common property (as is often necessary when hanging Christmas decorations) if prior written consent is first obtained from the trustees.
When the trustees consider such an application, they must consider what is reasonable in the circumstances. My suggestion would be to be guided by four principles, namely the extent of the impact on the building, the potential impact on the safety of persons and property, the supply of electricity to power any lights used and the acceptable timeframe for these decorations to remain on show – for example, a request to place a decorative sleigh on the roof could be refused based on the potential safety hazard it would pose, while a request to hang a wreath on the front door could be granted because it would only require a small nail to be driven into the occupier’s front door. In addition, the trustees should clearly stipulate the date on which all Christmas decorations must be taken down, thereby ensuring that Christmas decorations are not still visible across the scheme by Valentine’s Day.
It would also be a good idea for the trustees to stipulate that any consent granted is so granted subject to the provision that the owner or occupier concerned must reinstate the affected common property to its previous condition by a specified date and that any and all associated costs will be for the owner or occupier’s account.
If your request to hang Christmas decorations on the outside of your section is turned down, don’t allow the disappointment to deter you from embracing the magic of Christmas. Instead, focus your efforts on the inside of your section, where you can decorate to your heart’s desire, as long as the electricity used is your own (rather than the common property’s) and the decorations are not visible from another section, the common property or outside the scheme.
Wishing you and the schemes you work for, own property or live in a peaceful Christmas and prosperous new year.
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Specialist Community Scheme Attorney (BA, LLB), Ané de Klerk, is a Director of The Advisory, a boutique consultancy specialising exclusively in community schemes law. Her focus is legal education, which includes presenting seminars and running online and in-person training programs and courses. You can reach out to her via email at info@theadvisory.co.za to request an obligation-free quotation.
