Towing, Fines and Clamping: What Bodies Corporate Can (and Can’t) Do

By Jennifer Paddock

Parking disputes remain one of the most common issues in sectional title schemes. Here’s an example that was posted on Paddocks Club recently:

 

 

“One of our BCs is quite a large block – loads of simplexes and duplexes in a confined space. Each unit has its own parking, When owners or tenants make a habit of illegally parking can these cars be towed?

We have been fining but it has had little effect, some people don’t care because they don’t pay their levy either.

The issue is they either block other people from parking in their registered parking, block people from leaving their parking, or block the driveway completely.”

In this article, I explain what can and can’t be done to deal with unauthorised parking in sectional title schemes.

 

Towing: Why It’s Not an Option

The body corporate does not have authority under the Sectional Titles Schemes Management Act No. 8 of 2011 (STSMA) to tow vehicles from common property. If trustees authorise towing without legal authority to do so, they expose the body corporate to potential claims of unlawful dispossession (spoliation) and damages.

Further, the CSOS Consolidated Practice Directive 2025 makes it clear that a conduct rule providing for towing of vehicles is considered an undesirable rule and will not be approved:

“It is an undesirable rule to stipulate in the rules that a vehicle will be towed. Trustees cannot authorise the towing of a vehicle but may impose a penalty or provision for the clamping of the wheels of the illegally parked vehicle if this is in the respective rules.”

Bottom line: towing of illegally parked vehicles is not an option in sectional title schemes without the authority of a court judgment or CSOS order.

 

So What Can the Body Corporate Do?

Fines – But only if imposed lawfully

Many bodies corporate attempt to fine offenders, but fines are ineffective if not lawfully imposed and collected. 

As a starting point, the STSMA doesn’t allow for a body corporate to impose fines. This means that unless a scheme has formally amended its rules so as to allow fining, the body corporate can’t legally fine owners and occupiers.

CSOS has clear due process requirements, detailed in its Consolidated Practice Directives 2025, which must be included in a fining rule before it will be approved by the CSOS and enforceable:

FIRST TRANSGRESSION NOTICE	SECOND TRANSGRESSION NOTICE
In writing to member or occupier	In writing to member or occupier
Explain transgression (offence)	Explain transgression (offence) – relates to the same offence as a first offence
Advise to stop	Advise to stop
Give timeframe	Give timeframe
Member or occupier may dispute offence	Member or occupier may dispute offence
Meet with the board of trustees	Meet with the board of trustees
No fine may be imposed	Fine may be imposed

 

Without a compliant and CSOS-approved fining rule, fines may be unenforceable. 

The quantum of the fine is also important. The CSOS Consolidated Practice Directive 2025 states:

“Fines and/or penalties may not be equal to, or more than the applicable monthly levy of the unit concerned. The fines and/or penalties must be reasonable and should apply equally to all owners of units.”

Can Fines Be Added to the Levy Account?

This is where many schemes make a critical error. Prescribed Management Rule 25(5) provides:

“The body corporate must not debit a member’s account with any amount that is not a contribution or a charge levied in terms of the Act or these rules without the member’s consent or the authority of a judgment or order by a judge, adjudicator or arbitrator.”

This means that a fine can’t simply be added to a member’s levy account unless the member consents or there is a court judgment or CSOS order authorising it.

Best practice is therefore to issue fines on a separate invoice – do not automatically load them onto the levy statement. If unpaid, fines may be recovered via the CSOS requesting an order under section 39(1)(e) of the Community Schemes Ombud Service Act No. 9 of 2011 for: “the payment or re-payment of a contribution or any other amount” [underlining added].

Wheel Clamping – If properly provided for

Again, the STSMA doesn’t empower trustees acting on behalf of a body corporate to clamp wheels of illegally parked vehicles. However, as confirmed in the CSOS Consolidated Practice Directives 2025, the body corporate may amend its conduct rules so as to allow for wheel clamping and, if it does, wheel clamping may be legal in the scheme.  

 

Practical Steps for Trustees

If your scheme is facing persistent parking issues:

1. Review your conduct rules.
2. Ensure your fining rule complies with CSOS requirements.
3. Follow due process strictly.
4. Invoice fines separately.
5. Consider introducing a compliant wheel-clamping provision in the conduct rules.

 

In closing

Trustees may feel understandably frustrated when residents block driveways and ignore rules. However, enforcement must be lawful, procedurally fair, and consistent.

Towing is not the solution.

Good governance via amended conduct rules is.

If your scheme would like assistance reviewing its parking or fining rules, the Paddocks Consulting Team would be happy to assist. Contact us at: consulting@paddocks.co.za

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Article reference: Paddocks Press: Feb 2026, Volume 21, Issue 2

This article is published under the Creative Commons Attribution license.

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