Drafting and Enforcing Conduct Rules Under the Sectional Titles Schemes Management Act (STSMA)

Sectional title schemes are governed by a set of rules designed to ensure harmonious living within a shared property. Conduct rules, in particular, play a vital role in regulating the day-to-day interactions of residents and addressing issues like noise, parking, and pets. Under the Sectional Titles Schemes Management Act (STSMA), trustees and owners have a framework to create and enforce rules that balance individual rights with the collective interests of the scheme. This article explores best practices for drafting and enforcing conduct rules in compliance with the STSMA.

1. Understand the Legal Framework

Conduct rules must comply with the provisions of the STSMA and its regulations. The Act provides guidelines on the creation, registration, and enforcement of rules, ensuring they are:

• Reasonable and fair.

• Consistent with the Constitution of South Africa.

• Not in conflict with the STSMA or any other applicable laws.

Trustees and managing agents should familiarize themselves with Section 10 of the STSMA and its annexures, which outline the distinction between management and conduct rules.

2. Identify the Scheme's Specific Needs

Every sectional title scheme is unique, and conduct rules should reflect the specific needs and challenges of the community. Consider factors such as:

• The scheme’s size and layout.

• The demographics and lifestyle of residents.

• Common issues, such as noise, parking, and shared amenities.

Consultation with owners and residents during the drafting process ensures that the rules address real concerns and gain wider acceptance.

3. Draft Clear and Concise Rules

Ambiguity in rules often leads to disputes and non-compliance. When drafting conduct rules:

• Use clear, simple language that all residents can understand.

• Avoid overly technical or legal jargon.

• Clearly define terms and provide examples where necessary.

• Include specific provisions for enforcement, such as penalties or corrective measures.

For example, instead of stating, “Pets are allowed with restrictions,” specify: “Owners may keep one dog or one cat, provided the animal does not exceed 20kg and does not cause a nuisance to other residents.”

4. Consult Legal Professionals

Engage a qualified legal professional or managing agent to review the draft rules. This ensures that the rules:

• Align with the STSMA and other legal requirements.

• Are enforceable in a court of law or through the Community Schemes Ombud Service (CSOS).

• Do not infringe on residents’ constitutional rights.

5. Adopt Rules Through a Special Resolution

Once drafted, conduct rules must be approved by the body corporate through a special resolution. This requires:

• A general meeting where the proposed rules are presented and discussed.

• Approval by at least 75% of the owners, either in person or by proxy, as stipulated in the STSMA.

After adoption, the rules must be filed with the Registrar of Deeds to become enforceable.

6. Communicate the Rules Effectively

For conduct rules to be effective, residents must be fully aware of them. Ensure proper communication by:

• Distributing copies of the rules to all owners and tenants.

• Displaying a summary of key rules in common areas.

• Hosting an information session to address questions and concerns.

7. Enforce Rules Consistently and Fairly

Enforcement is critical to maintaining order within the scheme. Trustees should:

• Apply the rules equally to all residents without bias.

• Establish a clear process for handling violations, including issuing written warnings and imposing fines where necessary.

• Maintain detailed records of all enforcement actions.

When disputes arise, consider mediation through CSOS to resolve issues amicably and avoid costly legal battles.

8. Review and Update Rules Periodically

Conduct rules should evolve with the needs of the community and changes in legislation. Schedule regular reviews to:

• Assess the effectiveness of existing rules.

• Address new challenges or concerns raised by residents.

• Incorporate amendments to the STSMA or other relevant laws.

Conclusion

Drafting and enforcing conduct rules under the STSMA is a critical responsibility for trustees and managing agents. By following these best practices, schemes can create rules that promote peaceful and equitable living while ensuring compliance with the law. Properly implemented, conduct rules not only enhance the quality of life for residents but also protect the long-term value of the property.