Rules

There are two types of Rules for a Sectional Title Scheme: Conduct Rules and Management Rules.

The Sectional Title Schemes management Act (STSMA) have prescribed Rules in Annexure 1 (Management Rules) and Annexure 2 (Conduct Rules). These are the default and minimum rules that apply to all sectional titles.

Most complexes (like Bagamoya) amend their Conduct Rules, but most complexes don’t amend their Management Rules (as it is more difficult and onerous to change these).

Unless rules are changed (added or retracted) in the legally prescribed way, the new rules aren’t binding or enforceable, and only the rules in unamended format (as prescribed by the STSMA, below) will apply.

Management Rules

Here are the management rules that apply, in unamended format (in Annexure 1):

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https://www.paddocks.co.za/wp-content/uploads/2016/10/STSMA_Regulations.pdf⁠

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Conduct Rules

These are the conduct rules that apply, in unamended format:

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Conduct-Management-rules.pdf

242.6 kB

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These prescribed conduct rules (PCR) in Annexure 2 cover:

1. Pets, 2. Refuse, 3. Vehicles; 4. Damage to common property 5. The appearance of sections and areas for exclusive use; 6. Storage; 7. Behaviour of occupiers and visitors 8. Pest removal

Changing the rules

Please watch a

very detailed video here⁠

about the required process (and the accompanying

slides here⁠

Many of the basic conduct rules aren’t enough for complexes. Bodies corporate might want to —and are allowed to— add or change certain rules about noise, construction, pets, parking and so on. That are relevant to their specific building and residents.

Unless the following steps are adhered to, however, the revised Rules of Conduct aren’t enforceable or valid:

A special resolution must be passed to approve the rules.

A special general meeting must be called (in the prescribed way)

A quorum of 33.3% is needed (four members, for Bagamoya)

75% of those present need to vote in favour (three out of four, for Bagamoya)

The rules must be approved by the CSOS

The application must be submitted in prescribed manner

A section 10 certificate must be issued by the Chief Ombud.

Conduct rules may not be irreconcilable with any prescribed management rule.

Rules may not be contrary to other laws including:

Constitution of the Republic of South Africa

The Sectional Titles Scheme Management Act

The Community Schemes Ombud Service Act

Municipal by-laws

Case law

Common law

Any other relevant or applicable legislation.

The rules must be reasonable

The rule must be necessary

Not be excessively wide in its scope

Be based on good reasons

Promote the best interests of the sectional community

The rules must be within scope

Anything other than the “regulation, management, administration, use and enjoyment of sections and common property” will be outside the scope of the scheme rules and therefore be invalid and unenforceable.

For example, a conduct rule attempting to control the behaviour of body corporate members while outside the scheme would be out of scope.

The rule mustn’t be deemed “undesirable” by the CSOS

For example, rules that mandate only one estate agent be allowed to sell in the complex.

A full list can be found in Annexure A to Version 4 of the

CSOS’ Practice Directive⁠

on the Amendment to Circular on Lodgement of Sectional Title Scheme Rules in terms of the STSMA

A rule may be abrogated by disuse

If a rule has been in place, but in practice been disregarded, because it has not been enforced or members of the scheme have been condoning non-compliance of the rule for a long time.

For instance, if there was a rule that said “No large dogs”, but the trustees have approved a large amount of Great Danes over the years, that the rule has been abrogated by disuse and is therefore invalid and unenforceable.

Sources:

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1⁠

2⁠

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