Property Advice

Tenants and sectional title scheme conduct rules

Private Property South Africa
Press |
Tenants and sectional title scheme conduct rules

The conduct of the occupiers in a sectional title scheme is governed by a set of rules. Both long-term and short-term tenants are bound by these rules.

With the rising prevalence of buy to let investors purchasing sectional title units to build a rental portfolio and the increasing numbers of these also renting out units as short term accommodation (often to holiday makers), there is a need to remind owners that they must make their tenants aware of the conduct rules of their scheme, says Mandi le Roux, operations manager of sectional title finance company Propell.

Whether an owner-occupant or a tenant, the same conduct rules apply – and these should be handed to any new occupant before they move in, so that they know they are bound by these rules for the duration of their stay. In this way, they cannot plead ignorance if they are reprimanded or fined by the body corporate for misconduct or breaching the rules.

Various provisions within the Sectional Titles Schemes Management Act, Prescribed Management Rules (PMR), and Prescribed Conduct Rules (PCR) refer to and bind owners and occupants. While “occupier” is not a defined term, it would include short-term tenants.

PMR 3(2) states that a member (owner) must take all reasonable steps to ensure compliance with the conduct rules by any tenant or other occupant of any section or exclusive use area, including the member’s employees, tenants, guests, visitors and family members. This is supported by section 10(4) of the STSMA, which provides that a scheme’s rules “bind the body corporate and the owners of the sections and any person occupying a section”. PCR 7(4) states that: “The owner or occupier of a section is obliged to comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any other grant of rights of occupancy.”.

A landlord, while not directly responsible for his tenant’s behaviour - as the owner of the unit were the occupants reside - will still receive any fines issued from the body corporate for misconduct or breach of rules, and he will then have to recoup these from tenants in some way.

Everyone needs to adhere to the conduct rules of their scheme, so that other residents are not inconvenienced or disturbed, said Hanekom.

Looking for a new tenant?

Advertise your property to rent quickly and easily on our site

Find out more

Related Articles

Propell | 11 Jan 2012

Protection from unruly tenants

The proposed new Community Schemes Ombud Service Bill protects the rights of landlords to “good administration” in respect of scheme finances and facilities. The Bill oversees the administration of disputes in the sectional title ...

 Permission needed for short term letting of Cape Town apartments
Press | 03 Oct 2017

Permission needed for short term letting of Cape Town apartments

Many apartment owners are choosing to rent out their property as short term lets but they need to check that they are legally allowed to do so.

How to Handle Bodies Corporate Bullies
Lea Jacobs | 23 Apr 2012

How to Handle Bodies Corporate Bullies

Bullies practice the art of harassment among all age groups and across all sectors of society. It happens in the workplace, but luckily there are measures in place to protect the employee from an ...

sample image of property alerts

Get instant property alerts

Be the first to see property alerts for your area.
;