Reading a recent article provided by the Community Schemes Ombud Service (CSOS), we were reminded of some of the typical decisions that trustees are empowered to make in terms of sectional title legislation.
Here are some examples, as CSOS points out:
Change external appearance:
Prescribed Conduct Rule (PCR) 5(1) states that an owner or occupier of a section must not, without the trustees’ written consent, make a change to the external appearance of the section or any exclusive use area allocated to it unless the change is minor and does not detract from the appearance of the section or the common property.
Damage to common property:
PCR 4(1) states that the owner or occupier of a section must not, without the trustees’ written consent, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.
Erect a washing line:
PCR 5(2)(a) states that an owner or occupier of a section must not, without the trustees’ written consent, erect washing lines on common property.
Laundry:
PCR 5(2)(b) states that the owner or occupier of a section must not, without the trustees’ written consent hang washing, laundry or other items in a section or any exclusive use area allocated to it if the articles are visible from another section or the common property, or from outside the scheme.
Pets:
PCR 1 states that the owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property. The trustees may provide for any reasonable condition in this regard and may withdraw any consent if the owner or occupier of a section breaches any condition imposed.
Parking of Vehicles:
PCR 3 states that the written consent of the trustees, as well as the duration of such permission, is required before an owner or occupier of a section may park a vehicle, allow a vehicle to stand or permit a visitor to park or stand a vehicle on any part of the common property other than a parking bay allocated to that section or a parking bay allocated for visitors’ parking (except in the case of an emergency).
Refuse bins:
PCR 2(2) affords the trustees the discretion to decide what type of dustbin for refuse is acceptable and must designate where on the common property that bin must be kept. PCR 2(3)(a) gives the trustees the power to designate the place and time that the owners or occupiers must move the dustbin.
Safety device and screen:
PCR 4(2) states that the trustees have the discretion to approve, in writing, the design, colour, style and materials of a locking or safety device to protect the section against intruders, or a screen to prevent entry of animals or insects if the device or screen is soundly built.
Signage:
PCR 5(2) (c) states that an owner or occupier of a section must not, without the trustees’ written consent, display a sign, notice, billboard or advertisement if the article is visible from another section or the common property, or from outside the scheme.
Storage of flammable substances:
PCR 6(1) states that an owner or occupier of a section must not, without the trustees’ written consent, store a flammable substance in a section or on the common property unless the substance is used or intended for use for domestic purposes.
Subdivision and consolidation of sections:
Section 7(2) of the Sectional Titles Schemes Management Act No 8 of 2011 states that the trustees of the body corporate must receive and may consent to applications for the subdivision of a section or consolidation of two or more sections, made by the owners of sections.
Naturally, the above is extracted from the prescribed rules and Act, whereas, in every situation, the registered rules of each scheme must be consulted, as amendments may have been made.
