News & Advice Trending

The prescribed rules made under the Sectional Titles Act are quite specific that section owners are not allowed to interfere with the common property.

Prescribed management rule 68 prohibits owners from making alterations that impair the use of the common property and prescribed conduct rule 4 prohibits owners from damaging the common property by putting in nails, screws and the like. However, the rule goes on to say that this must not be done without the written consent of the trustees, implying that under certain circumstances, the trustees may consent to owners making small additions or attachments to the common property. The usual example is attaching a DSTV dish to the common property wall outside a section but owners also seek permission to build walls between garden areas, erect carports over parking bays and so on.

One has to remember that most schemes are residential and it is their homes that such owners seek to make more comfortable and convenient by making these additions. Taking into consideration their duty to look after the long term good of the scheme, the trustees should accommodate such reasonable requests where they are able.

But what should trustees do when owners make small – or not so small – additions or attachments to the common property without first getting the trustees’ consent?

The first thing the trustees should do is attempt to separate the real issue – what has been added or attached and its effect on the scheme – from the cheek of the owner daring to make the alteration without asking first. There is no room for taking personal offense; it just muddies the waters.

If the addition is, in the considered, objective opinion of the trustees, reasonable and acceptable the owner concerned should be encouraged to make the relevant application for its proper authorisation. If not, the trustees must act quickly to get the addition removed. They may not themselves remove or knock down the addition unless they do so – avoiding a physical confrontation – when the owner is just beginning the work, but they may do everything reasonable, including seeking help from the court, to get it removed as soon as possible.

Here are three factors trustees must consider in deciding whether the addition is reasonable and acceptable: 1. It must be in accordance with the provisions of the Act and the rules in force at that scheme. 2. The trustees must consider the long term effects on the scheme and its members. 3. The trustees must consider what the effect of the addition would be if all owners in the scheme were to make it. This is a very sensitive area of scheme management and if the trustees are at all unsure about consenting to an application for an addition or alteration to the common property they should refuse but place the issue on the agenda for the next general meeting. The owners can then make a guided and informed decision and, if it is approved, make a conduct rule laying out general specifications for the addition or alteration.

VIA South African Transfer Property Guide: Article reference: Paddocks Press: Volume 7, Issue 6, Page 1

Leave a Reply

Repo Rate Cut: Encouraging News For Home Buyers
Is Now The Right Time To Upgrade To a Bigger, Better Home?
Why Creditworthiness Is Just As Important For Tenants
Is Investing In Property During The Recession Still A Good Idea?
28 Important Questions To Ask When Buying Property
Is Hosting Your Property On Airbnb Legal?
5 Easy Ways to Sell Your Home FAST!
Divorcing And Need To Sell? 3 Possible Options
Unrealistic Expectations Can Sour Relations With Agents
Poor Economy Affecting South Africa’s Property Market
Does The Property Market Still Need Estate Agents?
New Landlords Need Experienced Agents
Make Your Bond Work For You
The Perils of Rising Consumer Debt For Landlords
The Gap Between Asking and Selling Price Widens
First-Time Home Buyer? How To Avoid Tax And Get Up To 44% More Space
Is Now The Right Time To Upgrade To a Bigger, Better Home?
Is Investing In Property During The Recession Still A Good Idea?
28 Important Questions To Ask When Buying Property
3 Most Annoying Things About Buying A Home (And How To Avoid Them!)
House Hunting: How To Get Over The One That Got Away
Factors To Consider When Letting Out Property
7 Deadly Sins to Avoid When Investing in Property
4 Hot Tips For Investing In Student Accommodation
Is Property an Asset or Expense?
Property Buyers Value Lifestyle Over Value-Growth Prospects
How Older Buyers Show The Power Of Home Equity
How To Make Your Offer To Purchase More Attractive To Sellers
How To Find Your Diamond In The Dust?
Essential Questions For Home Buyers To Ask Their Real Estate Agent
Top Tips For Selling Your Home in Winter
5 Easy Ways to Sell Your Home FAST!
Unrealistic Expectations Can Sour Relations With Agents
Cut Your Price and Get The Jump on Other Homesellers
Unrealistic Seller Expectations Contribute To Declining Sales
Key Aspects And Features That Sell Homes
Lightstone predicts a buyer’s market for 2017
House Won’t Sell? Here’s What You’re Doing Wrong!
Factors that determine property value
Create Home Buyer Appeal Through Home Staging
Is There A Difference Between Offers?
How To Decide When To Sell
Does My Agent Care About Me Or Just The Commission?
3 Questions To Ask Before Listing Your Home
I Just Bought A Home – Now I’m Unexpectedly Being Transferred
Why Creditworthiness Is Just As Important For Tenants
Factors To Consider When Letting Out Property
New Landlords Need Experienced Agents
The Perils of Rising Consumer Debt For Landlords
First-Time Tenant? What You Need To Know
Average residential rental values on the increase
Is It Possible To Terminate A Lease Agreement Without Recourse?
New Generation Digs Now On The Rise
When Is Your Rent Due?
Gauteng Property Rental Market Forecasts Growth
Keeping Track of Parking On Common Property
How And When To Legally Evict Tenants
The Rental Housing Amendment Act: Waiting For Light In The Dark?
Tenants: Be Aware Of Ongoing Credit Checks
How To Rent With Pets
Divorcing And Need To Sell? 3 Possible Options
5 Mistakes To Avoid When Relocating
7 Tips For Packing And Moving Quickly
Moving? Things To Think About!
Maximising Small Spaces
7 Tips To Help Your Children To Adapt To The Move
What To Do With Your Home When You Have To Relocate
Moving With Pets Can Be Tricky
Estate Agent Moving Tips
Telltale Signs You Need A New Home
Seven Signs You Need A New Nest
Über Wealthy On The Increase And On The Move
First-Time Home Buyer? How To Avoid Tax And Get Up To 44% More Space
Repo Rate Cut: Encouraging News For Home Buyers
Is Investing In Property During The Recession Still A Good Idea?
4 Hot Tips For Investing In Student Accommodation
Make Your Bond Work For You
Energy-Saving Tips For Your Home This Winter
Costs To Consider When Investing In Property
Smaller Properties Yield Great Investments
8 Myths Preventing People From Real Estate Investing
Own Fixed Property? You Need a Will!
Tax Tips for Landlords – What You Need To Know
The Perfect Investment Property
St Francis Bay’s housing market attracting top dollar
Factors that determine property value
Average residential rental values on the increase
Is Hosting Your Property On Airbnb Legal?
How To Protect Your Commercial Property Investment
Commercial property still important asset class for private buyers
Know The Risks Before Building Airbnb Castles In The Sky
Green Buildings Catching On In South Africa
Digital Disruption And The South African Commercial Real Estate Market
Can You Run A Business From A Sectional Title Home?
What’s Driving Change In The Commercial Property Sector?
5 Ways Commercial Property Space Planning Can Save You Money
Investing In Commercial Property an Attractive Option
3 Obvious Signs That It’s Time For Office Relocation
3 Things You Need To Know Before Buying Vacant Land
Price Correction In Commercial Property Market
South Africa: Evolution of Industrial Properties
The Commercial Times Are Changing