By Sanette Viljoen
The facts: Suzy receives a speeding fine with her levies account from her town house complex. She drove faster in the complex than the allowed 35km/h. Is this fine valued and enforceable?
The Sectional Titles Act 95 of 1986 provides for two sets of rules to regulate sectional title schemes, namely management rules and rules of conduct. In this case the rules of conduct are relevant.
The focus of the rules of conduct in general is to regulate the day to day behaviour of the owners and residents in the complex. The rules ensure that owners and residents do not utilise their units or the communal property in such a way that it encroaches on other people’s right to use and enjoy their units and the communal property. The body corporate accordingly has the power to make rules for speed limits within the sectional title complex and such limitations can also be enforced.
What is important, is that these rules are not enforceable if not included in the rules of conduct of the scheme. To be enforceable, the rules must:
– be reasonable and fair;
– be applied uniformly on all owners and residents of the complex;
– be compiled and approved by a special resolution of the body corporate;
– be lodged with the deeds office to be binding on the body corporate.
As soon as all these points have been complied with, a rule that results in driving more than 35km/h being an offence and punishable with a fine, will become enforceable. Should these rules of conduct however not make provision for such fines, they cannot be enforced.
To determine if the rules of conduct of your complex provide for certain rules and fines, you may request a copy of the rules of conduct from the body corporate or you can ask your lawyer to request a copy of the rules from the deeds office.