We often categorise the issues we experience in sectional title schemes as the “three ‘P’s’ of sectional title living”, namely pets, parking and people, which are more often than not, the cause of all the problems in sectional title schemes. Although this list has been added to over time, the abovementioned three issues remain the favourites.

Prescribed Conduct Rule (“PCR”) 3(1) included in Annexure 9 to the Regulations under the Sectional Titles Act 95 of 1986 (“the Act”) provides that no owner or occupier shall park or stand any vehicle upon the common property, or permit or allow any vehicle to be parked or stood upon the common property, without the consent of the trustees in writing.

Demarcated visitors parking bays are included in this PCR, and many schemes specifically prohibit or regulate residents’ use of visitors parking bays in their additional, amended or substituted registered conduct rules.

PCR 3(2) further provides that the trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the trustees’ consent.


This PCR does not provide that the trustees may themselves remove or tow away the vehicle, rather that they arrange for the removal or towing away of the vehicle. By arranging a specialised contractor, the trustees reduce the risk of possible damage to the vehicle, and liability for such damage. However, the situation has occurred when the trustees, managing agent or scheme employees have been unsuccessful in their attempts to arrange such a contractor to come out to the scheme to remove and / or tow away a vehicle. In such a case, clamping of the vehicle may be a better option.

PCR 3(2) does not provide for clamping of vehicles, however the scheme’s registered rules may provide for this action to be taken by the trustees, managing agent, security or other scheme employee. This additional, amended or substituted rule will need to comply with the provisions of section 35 of the Act, in so far as the rule has been approved by the members by either unanimous or special resolution, and that the rule has been filed with the Registrar of Deeds.

Bearing in mind that PCR 3(2) provides that the owner of the vehicle will be liable for the expense of removing and / or towing away the vehicle, when drafting a rule providing for clamping of vehicles, provision may be made for a release fee or penalty to be paid by the owner of the vehicle before the clamp will be removed from the vehicle. Issues may arise when the owner of the vehicle wishes to remove the vehicle at a time when there is no one available to release the clamp ie. late at night. When clamping the vehicle, it is suggested that a notice be placed on the car, providing the contact details of the party in charge of releasing the clamp.

As with any fining or penalty provision in the scheme’s rules, the rule (and the amount of the fine or penalty imposed) must be reasonable, in terms of section 35(3) of the Act, and be enforced through proper procedure.

Image source: amberpm.wordpress.com/category/civil-code

Article reference: Paddocks Press: Volume 10, Issue 9, Page 2.

Zerlinda van der Merwe has recently been admitted as an Attorney of the High Court. She is a specialist Sectional Title Attorney (BA LLB LLM) and soon to be qualified Conveyancer. Zerlinda forms part of the Paddocks Private Consulting Division and brings a wealth of experience and additional services. If you would like to schedule a consultation with Zerlinda, please contact Nicole on 021 686 3950 or consulting@paddocks.co.za.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – September 2015 Edition.


  • Malja Lorek
    15/03/2018 07:39

    We have 2 fairly large dedicated visitors parking areas in our scheme , besides these our Conduct Rules are clear that that double garages are allowed 2 cars and an additional car in front of the garage door or parallel to the garage .Single garages 1 car and 1 car in the driveway. outside my boundry wall there is space where if 3 cars parked at an angle could fit ,but many owners or visitors regularly use this space and park along the wall so that in that event ony one car can park there . I have no problem with cars parking there but I have recently complained that bakkies or 4X4 should not park there because if they do , they are able to look into my bathroom window and that I did not want to be looking into someone’s cab ( they are higher than a normal car). one of the Trustees now wants to have lines drawn on this area ( which is part of the common property) to allow more cars to be able to park there diagonally. I am concerned that this could affect the value of my property if this is seen as a public parking area. Having said this I would like to point out that our parking areas are not ever so full that there is no parking space for visitors. Can i object to this ?

    • Paddocks
      22/03/2018 15:12

      Hi Malja,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R390 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards

  • Daniel Holloway
    28/08/2018 06:54

    Hi there…
    What action can I take as a owner towards a renting tenant of our scheme that is parking in front of the gates, blocking my way in and out of the garages? On the gates we have already posted signs of No Parking, Tow-Away Zone, but she ignores it completely.

    • Paddocks
      31/08/2018 12:59

      Hi Daniel,

      Thank you for your comment. We would love to help, however we do not give free advice. Here’s how we can help:

      – We offer a 1-week Free Basics of Sectional Title short course.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on 021 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes.

      Kind regards,

  • C van Zyl
    19/06/2020 11:08

    Is it a requirement that a vehicle parked on the common property or parking bays must have a valid licence disc…….what if the disc expires and the owner does not renew for a period of 3 months or so? perhaps as a result of an overseas visit.

    • Paddocks
      19/06/2020 14:54

      Hi there,

      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,