select
|

Dealing with difficult people in sectional titles

“Throughout our lives, we deal with people we do not like. After school and work, you can leave those pesky people behind and not have to deal with them in your “down time”. Unfortunately, this is not the case in sectional title: these “pesky people” are often your neighbours or a trustee and you have no option but to deal with them,” says Jennifer Paddock from Paddocks.

The conduct of owners in sectional title schemes is regulated by the Sectional Titles Act 95 of 1986 (the Act), and either the prescribed rules or other rules made in terms of the Act and applicable to the scheme in question

Schemes are able to make their own conduct rules, by special resolution, which regulate the behaviour of their owners and occupiers. These rules must be reasonable and apply equally to all owners of units put to substantially the same purpose.

If an owner is in breach of the rules of the scheme, then, according to the prescribed rules, he or she will not be able to vote for general resolutions at any general meeting. However, the rule does not prevent the owner from voting in any special or unanimous resolutions. Also, if the owner’s bondholder has made its interest known, it can vote for the general resolutions at general meetings that the owner is not able to vote for. So this really is not much of a deterrent to bad behaviour.

It is advisable to be more considerate of your neighbours than you would be in freehold title, firstly because it is so much easier to annoy them, and secondly because you may well need their support in the future.

While it is not unusual for people to think that making very extensive rules covering every conceivable eventuality will make scheme life better, long and complex sets of rules are often ignored. Short, clear and appropriate rules have the best chance of being effective.

Jennifer Paddock is a sectional title expert. Paddocks, a specialist sectional title and HOA training firm, has launched Paddocks Club – an exclusive online community where you can ask for advice and support on your sectional title issues.


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 20 Nov 2017
      Since 2012, sectional title complexes have been leading the South African property market, not only in terms of price growth, but sales volumes as well. Remaining relatively strong, even in the face of 2017’s political and economic turmoil, experts say this market segment could offer valuable insight into South Africans’ property purchase priorities.
    • 20 Nov 2017
      Regardless of whether you are purchasing your first start-up home, downsizing or moving in with roommates, finding ways to maximise small spaces can be a big advantage, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.
    • 20 Nov 2017
      Property valued at approximately R1 billion is on High Street Auctions’ sales floor during the month of November, including the much-anticipated sale of the Tshwane Mayoral Residence and the land occupied by one of South Africa’s oldest operating gold mines.
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK