Conduct rules – To do or not to do?
Many owners of townhouses will complain about the management or body corporate by saying that “They are too strict” or “There are too many rules”!!
But what are these rules known as Conduct Rules?
Conduct Rules were often referred to as “House Rules” and were usually managed by the Trustees of the Sectional Title Scheme. There was no registration required at the Deeds Office.
Today we refer to them as Conduct Rules which are regulated by the owners in a Sectional Title Scheme and filed at the Deeds Office. Once the Rules are approved by way of Special Resolution by the owners of the Sectional Title Scheme, they must by initialled on each page by two (2) trustees of the Body Corporate and a notification page in terms of Section 35 must be signed. These documents are then filed at the Deeds Office.
Why do we need Conduct Rules?
These Rules exist not only to regulate the behaviour of owners and occupiers on the scheme’s common property, but also their behaviour within their respective sections.
Management Rule 69 of the Sectional Title Act stipulates:
“The provision of these rules and the conduct rules, and the duties of the owner in relation to the use and occupation of sections and common property shall be binding on the owner of any section and any lessee or other occupant of any section, and it shall be the duty of the owner to ensure compliance with the rules by his lessee or occupant, including employees guests and any other member of his family, his lessee or his occupant. “
Therefore, not only is an owner of a section bound by these Rules, but also his tenants, guests, employees and any other person he allows access to the premises, including building contractors.
Are the Conduct Rules the same at all Sectional Title Schemes?
Although the Sectional Title Act provides standard rules as seen in Annexure 9 of the Act, and these Rules apply to a Scheme by default in the absence of Specific Rules registered at the Deeds Office, it does not mean that all the Rules of all the Schemes are the same.
A developer usually amends these Rules when registering a Scheme at the Deeds Office. Owners of a Scheme also amend their Conduct Rules to fit a particular scheme – therefore these Conduct Rules will nearly always differ!
What do Conduct Rules deal with?
- Conduct Rules usually deal with the following:
- Animals, reptiles and birds
- Refuse disposal
- Damage, alterations and additions to common property
- Appearance from the outside
- Signs and Notices
- Dangerous Acts
- Letting of Units
- Eradication of Pests
[A word of appreciation to Ashleigh from Omni Estates]