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Enforcement of rules Part 2

In our last newsletter we looked at the enforcement of rules in a scheme. In this newsletter we will further look at how other types of rules can be enforced creatively and legally.

There are rules, not behavioral in nature, which can also be enforced by trustees taking action. One such rule relates to the upkeep of a unit. The Sectional Title Schemes Management Act places an obligation on the unit owner to repair and maintain their section and to keep their exclusive use area in a neat and clean condition. This for example could be the case where a shower floor is leaking and causing a brown stain on the ceiling of the unit below or where rats have begun nesting amongst a pile building materials that an tenant is storing alongside a unit. Management rule 31(2), allows trustees, after sending a written demand, to proceed with repairs or maintenance of a section if the owner's failure to do so "materially prejudices" the interests of the body corporate, or "threatens the stability of the common property or the safety of the building". The cost thereof will be for the owners account. NB: The trustees can act straight after the written demand. There is no longer a 30 day waiting period. Furthermore, no written demand is needed in an emergency situation. The bottom line: If you don't repair or maintain your section, the trustees can and will do it, and charge you accordingly.

In part 3 of this newsletter we will look at options available for dispute resolution in a scheme.

Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title

Johannesburg | Durban | Cape Town | Bloemfontein | Port Elizabeth | Pretoria

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