Working from home in a sectional title scheme

16 November 2020 | Zerlinda van der Merwe

Since Covid-19 hit and the National Lockdown drastically changed life as we knew it, it has been very interesting to see the effect it has had on sectional title schemes. In our practice, we are now promoting "work from home" or "remote working" conduct rules, and reconsidering noise nuisance and disturbance rules to accommodate the above in a reasonable manner.

Previously, one would look at the zoning of the scheme and the use of sections, and strictly enforce rules prohibiting running a business from a unit, but the concept of running a business, although always fluid, has now come under the spotlight due to the forced position most of us have learnt to experience as the norm.

Can a body corporate stop an owner, occupier or tenant from sitting at their kitchen counter or dining room table, making phone calls and sending emails, in conducting their business? Most certainly not.

Now can a body corporate stop an owner, occupier or tenant from receiving clients at their unit? Again, the answer must be no. As these clients are no different to visitors.

What happens if the running of a business from a unit, or the receiving of clients in the scheme starts infringing on the rights of others lawfully on the premises, in the form of noise, smells, parking issues and pressure on the common property facilities and resources? Well, now we're talking about a nuisance and disturbance, and the conduct rules of a body corporate should regulate this, in both a residential scheme, as well as a commercial, industrial or mixed use scheme.

Our suggestion, in a residential scheme situation, is to keep the conduct rule preventing any business or trade from within a unit, but to emphasise the nuisance element, to ensure that any business or trade does not unreasonably infringe on any other owner, occupier or tenant's right to the use and enjoyment of their unit/s in the form of creating a nuisance.

How does a body corporate enforce such a rule? By investigating valid and reasonable complaints received in regard to nuisance, and by raising fines for non-compliance, by following a due process.

Remember, just because we no longer have to (T's & C's apply) work from home, does not mean that it is not permitted should we so choose.

If you need your conduct rules amended as set out above, please do not hesitate to contact us on 061 536 3138 or email info@tvdmconsultants.com.