Why should we, as owners and tenants, follow the rules of sectional title schemes?

01 September 2025 ,  Candice van Rensburg 1794
Sectional title schemes have become increasingly popular in South Africa due to their affordability, security and that lock-up-and-go kind of convenience. However, communal living comes with its own set of obligations. Central to the effective functioning of a sectional title scheme is the body corporate, which administers and manages the scheme on behalf of all unit owners. To maintain order, fairness, and sustainability, it is essential for residents and owners to adhere to the rules set out by the body corporate.

The Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and the Community Schemes Ombud Service Act 9 of 2011 (“CSOSA”) provide the legal framework for the governance of sectional title schemes in South Africa. These Acts stipulate that the body corporate must adopt and enforce two types of rules, namely the management rules and the conduct rules. Management rules deal with the administration of the scheme, while conduct rules regulate residents’ behaviour to ensure a harmonious living environment.

Following these rules is not merely a matter of courtesy—it is a legal requirement. Non-compliance with the rules can lead to formal warnings or fines. Any disputes in this regard may be escalated to the Community Schemes Ombud Service (commonly known as CSOS). In serious cases, legal proceedings can be instituted, which may result in adverse financial and reputational consequences for the offender.

Beyond the legal implications, there are practical reasons for adhering to the rules. These rules exist to protect the rights and interests of all occupants. For example, rules regarding noise levels, waste disposal, parking, and the use of common property help to maintain a clean, safe, and peaceful environment within the scheme. When residents disregard these regulations, it can lead to tension, complaints, and a breakdown in community trust.

Moreover, sectional title schemes depend on collective decision-making and shared financial responsibilities. If owners or residents fail to follow rules—such as paying levies on time or maintaining their units—it compromises the ability of the body corporate to meet its obligations. This, in turn, can lead to deferred maintenance, deterioration of common property, and a decrease in the value of the property of the owners in the scheme.

By contrast, when all residents respect the rules and actively participate in meetings and decision-making processes, it fosters a cooperative and efficient community. It also enhances the overall appeal and value of the scheme, making it more attractive to prospective buyers and investors.

In conclusion, compliance with body corporate rules is crucial to the success and sustainability of sectional title living. These rules are not designed to be restrictive, but rather to ensure fairness, safety, and accountability. Whether you are an owner, tenant, or trustee, understanding and following these rules is both a legal obligation and a social responsibility. Respecting the body corporate framework ultimately benefits everyone in the scheme—creating a more stable, pleasant, and valuable place to live.
 
Related Expertise: Conveyancing
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