With the responsibility of running a Sectional Title Scheme, come the nitty gritty regulations or Conduct Rules of the Sectional Titles Act, Annexure 9 of 1986. Now although these conduct rules may not suit everyone, they are without question of great importance. This gives everyone the very basic guidelines of behaviour to adhere to within the Sectional Title Scheme. In other words: What is allowed and what is not allowed. Although it may appear laborious to know these, it will be of benefit to everyone when they understand what’s been penned in black and white.
The question has been raised recently about what happens when a set of Conduct Rules has been lost? Is a unanimous resolution required to obtain a substitute set or not? Who is allowed to obtain a copy? Allow us to shed some light on the situation.
- Firstly, anyone is permitted to obtain a copy of the conduct rules, specifically prospective buyers. The more people are aware of what the Conduct Rules are, the more they will be happy to take responsibility of their own behaviour.
When you read through the conduct rules, you will notice that they cover very broad, general aspects (so as to accommodate Sectional Titles Schemes at large). They only cover the following:
- Animals, reptiles and birds; Refuse disposal; Vehicles; Damage alterations or additions to the common property; Appearance from outside; Signs and notices; Littering; Laundry; Storage of flammable material and other dangerous acts; Letting of units; Eradication of pests.
It is therefore the responsibility of the owners to go through the Conduct Rules with a fine tooth comb and amend the rules very carefully, according to the needs of your Sectional Title Scheme. For instance, Conduct Rules according to the Sectional Titles Act do not discuss conduct in a common Clubhouse area; how to deal adequately with security or what the appropriate rules or behaviour are concerning a common swimming pool or sports area for instance. These Conduct Rules must absolutely be amended to cover ALL your bases.
Now you may be asking? How do we go about making amendments to the Conduct Rules? The process is not nearly as complex as it may appear.
- Secondly, trustees are not entitled to amend rules-only owners are. Amendments to the conduct rules are done by way of Special Resolution. The only responsibility of the Trustees is to declare that amendments to the conduct rules was done via special resolution.
It really is that simple! Your bed-time reading, your conduct rules! Happy reading.
