Creating body corporate rules
When creating the management and conduct rules for a sectional title scheme, due consideration should be paid to the Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Act 9 of 2011. All rules and regulations should comply with the terms of these Acts.
Further to this, the rules drawn up must provide for Regulation, Management, Administration, and Use and Enjoyment as far as each sectional title is concerned. This may include aspects regarding pets, the creation of an exclusive use area such as a parking bay, or renovations and alterations.
While body corporate rules may vary and can be specific to a particular sectional title scheme, in terms of Section 35 (3) of the Sectional Titles Act, they must be reasonable, fair and apply equally to all owners for the same purpose.
Once formalized, all owners within the sectional title scheme must receive a copy of the body corporate rules to ensure all scheme members are clear on what their rights, responsibilities and duties are.
Amending body corporate rules
There are a number of steps that need to be followed to amend the body corporate rules. These are in general:
Importantly, before buying into a sectional title scheme, purchasers should find out their rights and obligations under the applicable legislation as well as under the Prescribed Management Rules and Conduct Rules. Having a clear understanding of these may affect one’s decision about the suitability of the investment.
Written by Wessel de Kock