By The Paddocks Club Team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Conduct rules made by trustees


Member’s question:

Hi All

The trustees have put in a rule without proper consultation with the owners in the scheme.

It suits their personal interest from a religious point, but it violates the constitutional rights of others.

They have included a rule without further discussions as this is something of major importance.The rule states that alcohol is not permitted to be consumed on the common property.

What is the procedure to cancel this rule?


Anton’s reply:


The trustees can’t make rules.

Conduct rules can only be made by special resolution of the body corporate and in order to be enforceable, they have to be correctly lodged in the scheme’s register in the Deeds Office.

If the trustees propose this rule at a meeting, they have to give thirty days notice and include the text of the rule in the notice of the meeting. You could gather support from other owners and defeat the rule at the meeting.

The relevant provisions in the Act:

Section 35(2)(b) and (5)

Section 1 (definition of a special resolution)


How many occupants per house or flat?

Member’s question:

What is the norm with regard to how many occupants may stay in a house or flat?


Carryn’s answer:


Occupancy levels are part of local authority bylaws. Cape Town has an occupancy table that comes from a SABS Code.

According to the table, flats are classed as H3 buildings and two persons per bedroom is stipulated.

Domestic houses are H4 but there is no occupancy level set. Instead, there is a more general overcrowding provision: maximum 12 persons per toilet and 4 square meters of sleeping space per adult and 2 per child.

Kitchen and bathroom area is not counted as available sleeping space.

Article reference: Paddocks Press: Volume 10, Issue 9, Page 4.

Professor Graham Paddock, Anton Kelly, Carryn Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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