Back to Sectional Title Governance
Sectional Title Governance

Fining a member in a sectional title scheme

Sectional title schemes rely heavily on its members to ensure the effective functioning and operation of the scheme. While often not the first port of call, should other avenues have already been explored, there are situations in which a member of the sectional title scheme may be fined for contravening management or conduct rules.

Verbal vs. written contracts for conveyancing

Body corporate rules

The Sectional Title Schemes Management Act, 8 of 2011 enables a body corporate to impose rules on its members and to amend these rules, provided this is done with the consent of the sectional title scheme members.

Once agreed upon, all members within the sectional title scheme are bound by these management and conduct rules.

A special meeting can be held at which members can vote to include a rule allowing the imposing of fines on members of the body corporate if this was not originally included in the body corporate rules.

When fines may be imposed

Fines are typically issued by the trustees of the body corporate or by the managing agent in cases such as:

  • having pets on a property when it is prohibited in terms of the body corporate rules;
  • hanging of washing on a balcony, when it is prohibited in terms of the body corporate rules;
  • failing to pay levies timeously;
  • causing damage to the common property;
  • playing loud music at times when this is not allowed in accordance with the body corporate rules.

These are simply examples, and the reasons for a fine will depend on the specific rules which vary in each sectional title scheme.

The procedure to impose a fine

The body corporate rules and regulations will stipulate the procedure to be followed when a fine is issued against one of the members, which would normally entail that the transgressor is notified in writing of the fine and the amount thereof.

It is of the utmost importance that the members, trustees and managing agents follow the body corporate rules and regulations when imposing fines in order for the matter to be dealt with in a fair and orderly manner and to avoid any disputes or negative consequences later on.

Follow Snymans on Facebook for more legal information, tips and news about property.

Recommended for you

Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

Who moved my Deeds?[post_view before=""]

The e-DRSA will improve deed registration in South Africa by increasing efficiency and accuracy. However, involving key stakeholders, such as the Law Society of South Africa, South African Deeds Registries, and Department of Rural Development and Land Reform, is crucial. The cost and impact on the current paper-based system must also be considered.

Read More
The Electrical Compliance Certificate
Sectional Title Governance

Hear me roar: The use of generators in Sectional Title Schemes[post_view before=""]

There is no sound that pierces a fellow South Africans heart quite like the mighty roar of their neighbour’s generator in the early hours of the morning. While residents in Sectional Title Schemes dream of a day that they too can use a generator to mitigate the detrimental effects of loadshedding, they are awakened to a reality that does not allow for this.

Read More
Minors and immovable property
Sectional Title Governance

The Distinction Between Movable and Immovable Property[post_view before=""]

It is important to clearly distinguish between movable and immovable property when buying or selling a house. Movable property consists mainly of the owners’ personal belongings that can be moved freely and are not affixed to the property itself.

Read More
My name has changed - what happens to my property’s title deed?
Sectional Title Governance

What it means to be a trustee[post_view before=""]

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations. 

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

The Family Home – A customary law concept gets acknowledgement from the CC[post_view before=""]

This is an application that ended up in the Constitutional Court, by a partner (applicant) who lived with her late partner in, what was to them, their family home. Upon the death of her late partner, she (the applicant) was appointed the executrix of her deceased partner’s estate who died intestate. The applicant and deceased were not married but had lived together for years in the family home the applicant had inherited from her late grandfather as a “family home” intended to be for the benefit of the family.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Sectional Title Governance

Fining a member in a sectional title scheme

Sectional title schemes rely heavily on its members to ensure the effective functioning and operation of the scheme. While often not the first port of call, should other avenues have already been explored, there are situations in which a member of the sectional title scheme may be fined for contravening management or conduct rules.

Verbal vs. written contracts for conveyancing

Body corporate rules

The Sectional Title Schemes Management Act, 8 of 2011 enables a body corporate to impose rules on its members and to amend these rules, provided this is done with the consent of the sectional title scheme members.

Once agreed upon, all members within the sectional title scheme are bound by these management and conduct rules.

A special meeting can be held at which members can vote to include a rule allowing the imposing of fines on members of the body corporate if this was not originally included in the body corporate rules.

When fines may be imposed

Fines are typically issued by the trustees of the body corporate or by the managing agent in cases such as:

  • having pets on a property when it is prohibited in terms of the body corporate rules;
  • hanging of washing on a balcony, when it is prohibited in terms of the body corporate rules;
  • failing to pay levies timeously;
  • causing damage to the common property;
  • playing loud music at times when this is not allowed in accordance with the body corporate rules.

These are simply examples, and the reasons for a fine will depend on the specific rules which vary in each sectional title scheme.

The procedure to impose a fine

The body corporate rules and regulations will stipulate the procedure to be followed when a fine is issued against one of the members, which would normally entail that the transgressor is notified in writing of the fine and the amount thereof.

It is of the utmost importance that the members, trustees and managing agents follow the body corporate rules and regulations when imposing fines in order for the matter to be dealt with in a fair and orderly manner and to avoid any disputes or negative consequences later on.

Follow Snymans on Facebook for more legal information, tips and news about property.