Dr Carryn Melissa Durham

Before 2011, the trustees were empowered to approve many actions within sectional titles schemes. For example, the trustees were entitled to let a portion of the common property to any owner or occupier of a section for a period of less than ten years. Such a lease agreement can only be entered into now on the authority of a special resolution of the body corporate. Another example is that the trustees could consent to the placement or construction of any structure or building improvement to an exclusive use area, such as the installation of a gazebo or swimming pool. This action can only be authorised by an ordinary resolution of the body corporate, and provision is made for the imposition of conditions and the withdrawal of the consent.

Since the Sectional Titles Schemes Management Act 8 of 2011 (“the STSM Act”) came into operation on 7 October 2016, the list of actions that the trustees are entitled to consent to has been reduced to eleven actions.

1. Subdivision and consolidation of sections

The STSM Act only provides one circumstance in which the trustees consent is required. Section 7(2) of the STSM Act states that the trustees of the body corporate must receive and may consent to to applications for subdivision of a section or consolidation of two or more sections, made by the owners of sections.

2. Keeping of pets

The Prescribed Conduct Rules (“PCRs”), contained in Annexure 2 to the Regulations made under the STSM Act, contain various circumstances that require the consent of the trustees. PCR 1 states that he owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property. The trustees may provide for any reasonable condition in this regard, and may withdraw any consent if the owner or occupier of a section breaches any condition imposed.

3. Refuse bins

PCR 2(2) gives the trustee the discretion to decide what type of dustbin for refuse is acceptable and must designate where on the common property that bin must be kept. PCR 2(3)(a) gives the trustees the power to designate the place and time that the owners or occupiers must move the dustbin.

4. Parking vehicles

The written consent of the trustees, as well as the duration of such permission, is required before an owner or occupier of a section may park a vehicle, allow a vehicle to stand or permit a visitor to park or stand a vehicle on any part of the common property other than a parking bay allocated to that section or a parking bay allocated for visitors’ parking (except in the case of an emergency) in terms of PCR 3.

5. Damage common property

In terms of PCR 4(1) the owner or occupier of a section must not, without the trustees’ written consent, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.

6. Safety device and screen

In terms of PCR 4(2) the trustees have the discretion to approve, in writing, the design, colour, style and materials of a locking or safety device to protect the section against intruders, or a screen to prevent entry of animals or insects, if the device or screen is soundly built.

7. Change external appearance

The owner or occupier of a section must not, without the trustees’ written consent, make a change to the external appearance of the section or any exclusive use area allocated to it unless the change is minor and does not detract from the appearance of the section or the common property in terms of PCR 5(1).

8. Erect washing line

The owner or occupier of a section must not, without the trustees’ written consent, erect washing lines on common property in terms of PCR 5(2)(a).

9. Hang laundry

The owner or occupier of a section must not, without the trustees’ written consent hang washing, laundry or other items in a section or any exclusive use area allocated to it if the articles are visible from another section or the common property, or from outside the schemein terms of PCR 5(2)(b).

10. Signage

The owner or occupier of a section must not, without the trustees’ written consent display a sign, notice, billboard or advertisement if the article is visible from another section or the common property, or from outside the scheme in terms of PCR 5(2)(c).

11. Storage of flammable substances

The owner or occupier of a section must not, without the trustees’ written consent, store a flammable substance in a section or on the common property unless the substance is used or intended for use for domestic purposes in terms of PCR 6(1).

If you require any assistance with drafting trustee resolutions please contact us at consulting@paddocks.co.za or call 0216863950.


Article reference: Paddocks Press: Volume 13, Issue 3.

Dr Carryn Melissa Durham is one of the most highly qualified Sectional Title Attorneys in the country (BA, LLB, LLM and LLD), Carryn forms part of the Paddocks Private Consulting Division.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – March 2018 Edition.

9 Comments.

  • Lizelle Buckley
    07/07/2018 06:07

    I was previously renting my unit for a while before purchasing it. The parking bay next to me was altered without any written consent by the body corporate r the previous owner whom was on the Board of Trustees.
    I have asked the managing agents for written approval on file from the previous owner who was my landlord as well as the building supervisor and to date no avail.An awning and poles were erected in this parking bay which used 30cm on either side of the parking bay. I now own my unit and my second parking bay is smaller than all the others. I have been advised by my conveyancing attorney at the time of purchase that I have a right to get the managing agent to have it corrected at the expense of the body corporate. In the event that I resell this will cause problems for my sale as well as my visitors whom use that bay not been able to fit larger vehicles such as a bakkie. Currently they are painting the parking bays and I have advised the supervisor not to paint my second bay until this issue is resolved as I am concerned once the bay is painted then I can not reverse this process. I do not want this to get into a legal issue whereby I have to go back to attorneys. I would like to resolve this in a good manner. I also do not have money to be going to attorneys back and forth. Thank You

    • Paddocks
      10/07/2018 16:14

      Hi Lizelle,

      We can answer your question in a 10-minute telephone consult with one of our attorneys. Alternatively, we have an online Club where you can have your questions answered within 24 hours. You also have access to all the latest legislation as well as a navigator function to find topics easily, hundreds of video tutorials on various sectional title and HOA subjects and much more.

      There are various membership options including a ‘Quick access’ 7-day membership. Learn more, here: https://club.paddocks.co.za/

      If you have any questions, let us know or give us a call on 0216863950 and we’ll be happy to help.

      Kind regards,
      Paddocks

  • Irene smit
    22/06/2020 00:43

    Good day I am an owner of a small complex with 5 units town house has it own yard in front and back of which i own 1 does this yard belong to common property or to unit it self and when rules are placed must all owners approve to the new rules or only a few it’s a sectional title complex

    • Paddocks
      26/06/2020 13:46

      Hi Irene,

      Thank you for your comment.

      This is something our attorneys would be able to assist with. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • Margaret
    23/07/2020 11:56

    Can the trustees of a sectional title estate allow someone to weld a sign advertising their business onto part of the structure of a carport which is exclusive use?

  • Margaret
    23/07/2020 17:24

    Are trustees or the managing agent in a sectional title estate allowed to disclose the name and unit number of a complainant when they raise a complaint against another resident?

    • Paddocks
      24/07/2020 15:08

      Hi Margaret,

      Thank you for your comments.

      This is something our attorneys would be able to assist with. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • Beryl Degueldre
    08/09/2020 16:41

    As the chairperson of a sectional title complex, I sent out the following circular:
    A fibre-optic has been installed by Octotel, at no cost to the body corporate. Residents and owners may connect to this service via a choice of service providers and packages.

    The Trustees have noted that the DSTV dish communal system is experiencing sporadic equipment failure which was becoming more difficult to repair & maintain. There was a need to determine if it was worthwhile maintaining or replacing the system. A survey was sent to all residents to provide an understanding of how many residents are depending on the DSTV system.

    Out of the 6 replies received from the survey, only one resident is making use of the DSTV dish system. Subsequent to the survey, an additional owner is using the DSTV dish. In view of this, trustees will, as of the beginning of June 2021 be removing the DSTV dish and wiring.

    One owner is insisting she wants the DSTV dish to remain because she will be renting out her apartment and feels having DSTV will be beneficial.

    Not sure about the way forward.

    • Paddocks
      11/09/2020 14:29

      Hi Beryl,

      Than you for your comment, we have sent you an email.

      Kind regards
      Paddocks Team