By Bennie van Dyk, Senior Operations Manager: Community Schemes Management – MidCity Property Services

Sectional title schemes function as micro-communities where clear, fair, and up-to-date rules are essential for harmonious living. Governed by the Sectional Titles Schemes Management Act (STSMA), these rules regulate the behaviour of owners, tenants, and visitors within the scheme. As lifestyles, technologies, and societal expectations evolve, so too must the rules that govern these communities.

1. Reflect Changing Lifestyles

Outdated rules often fail to address contemporary realities such as remote work, electric vehicles, solar energy systems, and short-term rentals. Updated conduct rules can provide clarity on:

• Noise levels for home offices.
• Guidelines for Airbnb-style letting.
• Installation standards for gas and solar systems.

2. Prevent Disputes

Well-defined and current rules reduce ambiguity and help prevent conflicts. For instance, clear policies on the keeping of pets or visitors’ parking can eliminate misunderstandings and foster a more cooperative environment.

3. Ensure Legal Compliance

Conduct rules must align with national legislation and municipal by-laws. Rules that are outdated may conflict with current laws, potentially rendering them unenforceable and exposing the scheme to legal challenges.

4. Promote Safety and Security

Modern rules can incorporate provisions for:

• Surveillance and access control systems.
• Fire safety measures, including those related to thatch roofs on lapas.
• Compliance with insurance requirements.

5. Support Fair and Transparent Governance

According to STSMA Section 10(3), conduct rules must be reasonable and apply equally to all owners. Regular reviews help ensure that no rule unfairly discriminates against specific groups, such as tenants or domestic workers.

6. Address Scheme-Specific Needs

While the Prescribed Conduct Rules (PCR) offer a general framework, each scheme has unique characteristics. Custom amendments allow schemes to tailor rules to their specific layout, demographics, and community culture.

How to Update Conduct Rules

1. Draft Amendments:
 Ensure the proposed rules are clear, legally compliant, and equitable.

2. Consult Owners:
 Engage with owners for feedback and address any concerns.

3. Pass a Special Resolution:
 Typically, a 75% majority vote is required to adopt new rules.

4. Submit to CSOS:
 All amended rules must be submitted to the Community Schemes Ombud Service (CSOS) for approval before they can be enforced.

Common Areas for Rule Updates

Solar and Gas Installations
With more residents seeking alternatives to load-shedding, clear guidelines on installation processes and safety requirements are essential.

Levy Recovery via Utility Providers
If a scheme opts to collect outstanding levies through a utility company, this arrangement must be reflected in the conduct rules to ensure transparency for all owners.

Trustee Compensation for Caretaker Duties
If trustees are compensated for performing caretaker roles, it is best practice to formalise this in the rules. Otherwise, a special resolution must be passed annually at the AGM.

Slaughtering of Animals
Rules should ensure that any slaughtering of animals is conducted humanely and in compliance with health and safety standards to avoid conflict.

Updated conduct rules are not merely an administrative task – they are a proactive step towards fostering a safe, inclusive, and legally sound community. Whether you are a trustee, owner, or managing agent, staying informed and involved in the rule amendment process is key to long-term stability and resident satisfaction.

For further guidance or assistance with specific rule amendments, please contact your property portfolio manager at MidCity – your property partner for life.