This week’s reader question is from a pensioner who had to let her unit in a sectional title complex to overseas visitors for a period of eight weeks to supplement her income.
She says this not only helped her to make ends meet, but also gave her the necessary funds to maintain the unit.
The reader has unfortunately now been informed by the body corporate that the conduct rules provide that units may not be let for a period of less than three months.
She wants to know what her rights are and whether she is liable to pay a fine imposed by the trustees.
Lucille Geldenhuys
“The management rules deal with the control, management and administration of the sectional title complex, while the conduct rules deal with the use and enjoyment of the sections.”
Geldenhuys says some of the issues dealt with in these conduct rules include the keeping of animals, the parking of vehicles on common property and alteration to common property.
“It is important to note that these rules as set out in the legislation provide only a framework and can be amended by both the developer and the body corporate.”
The developer has limited freedom to change the prescribed management rules, but the conduct rules can be amended or repealed in any way the developer wishes, according to Geldenhuys.
“The rules can also be amended or repealed by virtue of a unanimous or special resolution of the body corporate at a later stage.”
Schalk van der Merwe - Rawson Properties
Schalk van der Merwe from Rawson Properties Helderberg says one aspect that can specifically be regulated in terms of the rules, relates to the letting of units.
“In this manner, the length of short-term leases of a section can be restricted to, say, three or six months. In the same way, holiday letting for shorter than a month may be prohibited.”
Van der Merwe says this situation again emphasises the importance of being aware of the rules of a sectional title complex when purchasing a unit.
“This will prevent a situation where the owner only realises at a later stage that he or she may not keep pets, that no form of business may be conducted in the complex or, as in the present case, that short-term leases are not allowed.”
Van der Merwe says the unfortunate reader may still address the trustees on her specific situation.
“They may however feel that no exception to the rules is allowed in order to deter other owners from doing exactly what the rules are prohibiting – letting out units for very short periods of time and thereby possibly disturbing other owners’ enjoyment of their units.”
