Sectional title rules and the differences between them

Sectional title schemes are governed by management rules and conduct rules, which are used in conjunction with each other, says Mandi Hanekom, operations manager for sectional title finance company Propell.

The management rules cover the way in which the sectional title scheme is run and deals with the appointment of trustees, how to run meetings, voting at these meetings, elections, duties of the trustees, and so on.

Conduct rules set out how people should behave with regards to common property, whether pets are allowed, refuse removal, use of common areas, parking of vehicles, maintain the aesthetics of the building, the use of gardens – exclusive use areas – satellite dish installations, and so on.

The regulations to the Sectional Titles Schemes Management Act (STSMA) contain a prescribed set of management and conduct rules.

Certain of the prescribed management rules and all of the conduct rules may be amended in two ways, provided that the chief ombud of the Community Schemes Ombud Service approves the amendment and issues a certificate to that effect. First, the developer of the scheme may amend them when submitting an application for the opening of a sectional title register. Second, they may be amended by the owners in the scheme – management rules can be amended by way of unanimous resolution and conduct rules by special resolution.

The STSMA stipulates that the body corporate must keep a record of the management and conduct rules in force at any given time, have these rules available for inspection at trustee and owner meetings and deliver a copy of the rules to every new owner and tenant.

“Owners and trustees should study the management and conduct rules applicable to their scheme to ensure that the scheme is managed within the parameters of the rules,” says Hanekom.

Call Mandi Hanekom on 0861 33 34 35 or visit www.propell.co.za.