In the light of the new sectional titles schemes management legislation, I have re-examined the subject of sectional title body corporate rules.
First I look at the four types of rules a developer or body corporate can make. Then I examine the law and other legal principles applicable to rules and draw conclusions as to what can and what cannot be regulated in terms of each type of rule.
Then I compare body corporate rules with other types of regulation, particularly title deed conditions and municipal laws such as those that govern town planning and land use. Finally I apply my conclusions to the controversial issue of short-term letting rules in sectional titles schemes.
Graham Paddock is South Africa’s Sectional Title Guru. Graham advises and drafts legislation for the Government. His advice is valued by all stakeholder groups in the industry.
Article reference: Paddocks Press: May 2019 special edition.
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