Enforcement of rules - Part 1
In our last newsletter we looked at tenants and frequently asked questions relating to tenants. In this newsletter, we will look at the enforcement of rules in a scheme.
In this newsletter, we will look at the enforcement of rules in a scheme. There is something about living in close proximity to one's neighbors that can lead to disharmony which, if not nipped in the bud can wreak havoc in a sectional title complex.
For this reason, it is of the utmost importance that trustees ensure that rules are complied with and enforced.
With this in mind, legislators introduced a new conduct rule in the Sectional Title Schemes Management Act. This Conduct Rule 7 -Behavior of occupiers and visitors in sections and on common property sets out the expected behavior for occupants and visitors.
This rule shortly requires that an owner or occupier of a section:
must not create noise likely to interfere with the peaceful enjoyment of another person's section or common property
must not obstruct the lawful use of common property by any other person
must take reasonable steps to ensure that their visitors don't behave in a way likely to interfere with the peaceful enjoyment of a section or common property
and lastly and most importantly
is obliged to comply with these conduct rules, despite any provision to the contrary contained in any lease or any other grant of rights of occupancy.
In part 2 of this newsletter we will look at other rules not behavioral in nature, which need to be enforced legally.
Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title
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