03 Sep What can a body corporate do when owners or tenants do not follow the rules?
One of the biggest challenges faced by trustees and managing agents is dealing with residents who refuse to comply with the rules of a sectional title scheme. Whether it is persistent noise, unauthorised pets, illegal parking, alterations without approval or nuisance behaviour, failing to address rule violations can quickly lead to conflict within the community.
Fortunately, South Africa’s Sectional Titles Schemes Management Act (STSMA), together with each scheme’s registered management and conduct rules, provides a clear framework for dealing with non-compliance fairly and consistently.
Start by establishing the facts
Before taking any action, trustees should ensure that a rule has in fact been breached. This means investigating the complaint objectively and gathering sufficient evidence, such as photographs, written complaints, CCTV footage, or witness statements where available.
Dates and times of these alleged offences must also be documented, normally in the security occurrence book. It is important to remain impartial and avoid acting on assumptions or hearsay.
Every resident deserves to be treated fairly.
Begin with communication
Not every breach requires immediate formal action. In many cases, a polite conversation or friendly reminder is enough to resolve the issue.
If the behaviour continues, the next step is to issue a written notice identifying:
- the specific rule that has been breached
- the details of the alleged contravention (Date and time)
- the steps required to remedy the breach
- the time frame within which compliance is expected
Providing clear communication often resolves issues before they escalate.
Can a body corporate issue fines?
One of the most common misconceptions is that trustees can simply fine owners or tenants for breaking the rules.
In reality, fines are not automatic.
A body corporate may only impose fines if its registered conduct rules specifically authorise them. Even then, trustees must follow a fair process before any penalty is imposed, including giving the affected person an opportunity to respond.
If the scheme’s registered rules do not provide for fines, trustees cannot simply create or enforce their own penalty system.
Remember: Owners are responsible for their tenants
Although tenants may be the ones causing the problem, the owner of the section remains responsible for ensuring that their tenant complies with the scheme’s rules.
For this reason, trustees should communicate with both the tenant and the owner whenever necessary. Landlords should ensure that every tenant receives a copy of the scheme’s conduct rules before taking occupation.
When internal efforts do not work
If warnings and internal procedures fail to resolve the dispute, the matter can be referred to the Community Schemes Ombud Service (CSOS).
CSOS was established to provide an accessible and affordable dispute resolution process for community schemes. Depending on the nature of the dispute, the matter may first proceed through conciliation. If no agreement is reached, it can be referred to adjudication, where a legally binding order may be issued.
CSOS commonly deals with disputes involving:
- noise complaints
- parking
- pets
- nuisance behaviour
- governance issues
- rule enforcement
- exclusive use areas
- unauthorised alterations
For most sectional title disputes, CSOS is the preferred alternative to costly court proceedings.
When is court action appropriate?
Court action is reserved for exceptional circumstances, such as:
- urgent applications requiring immediate relief
- enforcement of a CSOS order
- serious or repeated unlawful conduct
- disputes that fall outside CSOS’s jurisdiction
Because litigation can be expensive and time-consuming, it is usually considered a last resort after all other avenues have been exhausted.
Consistency is the key to good governance
Effective rule enforcement is about much more than simply dealing with complaints. Trustees have a fiduciary duty to act in the best interests of the body corporate and to ensure that the scheme’s rules are applied consistently to all residents.
Good governance means:
- enforcing the rules fairly and without favour
- following the procedures set out in the scheme’s registered rules
- keeping accurate records of complaints and correspondence
- allowing affected parties an opportunity to be heard
- focusing on achieving compliance rather than punishment
When trustees act consistently and within the framework of the STSMA, they help create a harmonious living environment, protect property values, and minimise the risk of unnecessary legal disputes.
A well-managed sectional title scheme is not one without conflict; it is one where conflicts are addressed promptly, fairly and in accordance with the law.