In sectional title I can…

8 July 2021 | Lamees Finch

Before you get too comfortable and starting reading, take note of the disclaimer*.

A question that managing agents are often asked is, “Who is the body corporate?”. This is an answer that an owner in a sectional title scheme should know. You, the owner, are the body corporate; more precisely, all owners in the scheme make up the body corporate. We often see the shocked reaction as the realisation of authority sets in.

Your first duty as a sectional title owner is to educate yourself about sectional title living, preferably, before you have even made an offer on a unit in a sectional title scheme.

As an owner in a sectional title scheme, your duties and responsibilities are clearly set out in the Sectional Title Schemes Management Act (“STSMA”). Section 13(1) of the STSMA lists these duties:

13(1)(a) “An owner must permit any authorised person to enter his or her section or exclusive use area, for the purpose of inspection and maintenance…”.

For what reason you may ask? If there are pipes, wires, cables and ducts that run through your section (flat and/or apartment) that connects to another section, or the common property, and those building services require maintenance, repair or renewal, the person authorised by the trustees, would have to access your section to carry out the maintenance, if any. This is to ensure that the building and other sections are not negatively compromised. The trustees would have to give you a fair warning, of course.

13(1)(b) “carry out all work that may be ordered by any competent authority in respect of his or her section… and pay all charges, expenses and assessments that may be payable in respect of his/her section”.

Simply put, if there is any maintenance that has to be done within your section that has been identified by a qualified tradesperson, it is your duty, as an owner, to have that work carried out so as to not negatively affect another section or the common property within the scheme.

13(1)(c) “repair and maintain his or her section in a state of good repair…”

This links up to point (b) above. It is your duty, as owner, to make sure that your section is kept in a good condition so as to not negatively affect adjoining sections and/or the common property. For example, if you do any plumbing work in your bathroom. It is your responsibility to make sure that your plumber is certified and qualified to carry out the required plumbing works correctly, and in accordance with building regulations.

How do you do this, you may ask? By doing your due diligence regarding the plumbers expertise, making sure they are correctly accredited. Failure to connect a pipe correctly may result in a leak that could cause damage to the neighbouring section or common property. The neighbouring owner or body corporate could have a claim of damages against you, and that is never a fun situation.

“…in respect of an exclusive use area, keep it in a clean and neat condition.”

If you have the exclusive use right to a garden, for example, it is your duty to keep it neat and tidy. Therefore, mow the lawn and plant some pretty flowers, if your conduct rules allow for it. A neat and tidy garden can be a sanctuary on a sunny day, especially when the common property in your scheme is limited.

13(1)(d) “use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners…”

All owners have the right to access common property and therefore, all owners have the duty to ensure that the common property is used in a reasonable and considerate manner. If you are unsure about this, give your conduct rules a read through, and then consider if walking across the courtyard with a boombox blaring is reasonable.

13(1)(e) “not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier or a section”.

Here you may be thinking, “but I own my section, I can do whatever I want!”. Yes, but also no. Let’s look at an example. Watching an action movie is fine, walking in heels on a wooden floor is acceptable (depending on the time of night), however watching an action movie with your surround sound on max volume, is unreasonable and having a party with 6 sets of heels dancing the night away, is not reasonable. You have the right to use your section as you wish, but you have to be reasonable and considerate towards your neighbours.

13(1)(f) “notify the body corporate forthwith of any change of ownership or occupancy in his or her section and of any mortgage…”

Again, you may be thinking, “what business is it of the body corporate, who owns my section?”. This information is required so that the managing agent or trustees can process the information for the fulfilment of services, such as levy contributions, issuing of levy clearance certificates and the like, and ultimately the functioning of the body corporate.

13(1)(g) “when the purpose for which a section or exclusive use area is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section or exclusive use area to be used for any other purpose and Prescribed Management Rule 30(1)(f) of the Sectional Title Schemes Management Act.” 

A section or exclusive use area is registered or delineated for a specific purpose, and must be used for the purpose for which it is registered or delineated. For example, a section’s use is commonly registered for habitable purposes i.e., an apartment which you reside in. A section can also be a garage, which is commonly used to park a vehicle, but cannot be lived in as it has no accessory areas such as a bathroom or a kitchen. An example of an exclusive use area, which may be registered or delineated as a parking bay, is used to park a vehicle and not to store a couch or spare mattress. Therefore, it is your duty as an owner to ensure that the use of these areas are as they have been registered or delineated. Only with the written consent of all owners of the body corporate, can the use of these areas be changed.

These duties, seem simple enough, and dare I say reasonable, however they have the capacity to be complicated when put into practice without understanding. Your duty as an owner can be reduced to black and white, but it should not. Understanding communal living goes a long way to a happy communal living environment. You do not have to be an outgoing, social individual or couple to qualify to live in a sectional title scheme, by no means. However, you do have to understand that you are part of a community and as with any community, all members must pull their weight.

I’ll leave you with this quote, “None of us, including me, ever do great things. But we can all do small things, with great love, and together we can do something wonderful.” – Mother Theresa.

* Disclaimer: Ignorance of the law is no excuse.

Should you have any questions on the above please contact us on info@tvdmconsultants.com or 061 536 3138.