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
Characters remaining

    Latest Property News
    • 23 Mar 2018
      Durban’s rightful place on the ‘global map’ has been reaffirmed with the recent launch of the new Durban Monopoly board game. The second city in South Africa to be featured after Cape Town, the Durban edition features well-known landmarks such as Moses Mabhida Stadium, uShaka Marine World and The Pavilion Shopping Centre, among others.
    • 23 Mar 2018
      On Show Days, it's essential that you stand out from the crowd. Highlighting your home's finest features could help turn a browser into a buyer. We take a look at some tips to help you achieve the best possible result.
    • 23 Mar 2018
      After a distinctly lacklustre year during which a flood of new homes entered the market to vie for the diminishing attention of increasingly nervous investors, the housing market in Bedfordview kicked off 2018 with encouraging signs of recovery.
    • 22 Mar 2018
      Sustainability is currently a hot topic in the home and construction sector. In light of the progressing climate change and shrinking resources worldwide, it’s one of the most important issues to consider. Sustainable living is the practice of reducing your demand on natural resources by making sure that you replace what you use to the best of your ability.
    • 22 Mar 2018
      The 1% VAT increase which is set to take effect as of 1 April 2018 has set the country alight with many burning questions, most of which cannot be comprehensively answered by our knowledgeable friend Google.
    • 22 Mar 2018
      The picturesque and oft-misty town of Dullstroom in Mpumalanga belies its name. Judging by the rapidly increasing influx of weekend visitors, many of whom then look to acquire property here, it’s anything but dull, quips Anton Greeff, Pam Golding Properties area principal.
    • 20 Mar 2018
      Located close to the fast growing Fourways precinct, Dainfern continues to attract local and international interest from buyers seeking a secure lifestyle with affordable entry price of approximately R3 million.
    • 20 Mar 2018
      Property owners in the Durban CBD are addressing the affordability challenge that faces many prospective tenants in their area – and reconfiguring the inner city rental market in the process.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us