Sectional title owners know, and potential sectional title property buyers should take note, that they may be stuck with those neighbours from hell for a looooong time to come!
Your neighbours in a sectional title scheme are often not as friendly and considerate as you would like them to be. And sometimes they can truly be the evil minions of Satan himself! And there really isn't much you, as South African sectional title owner, can do about it.
In 2003, the body corporate of the Shaftesbury Sectional Title Scheme, brought a court application for a final interdict, against Rippert's Estate and Others, who were alleged to have been dealing drugs and engaging in prostitution from the flat they occupied in the sectional title complex, amongst some other things. The body corporate was denied the final interdict they needed against these neighbours, and was not even allowed an order for their temporary ejectment.
The court held that there was a pressing social need in South Africa, to enable sectional title owners and their controlling bodies to enforce compliance with their rules of conduct. The court held that this included the right to deprive an occupier of the right to use a unit, where there was a constant and deliberate contravention of the conduct rules of the body corporate, or non-payment of levies.
But there was no authority for the court to grant an ejectment order, in this case. The proper foundation for such an order had not been laid, and the body corporate rules of conduct did not provide for ejectment under the circumstances.
The owner and occupants of the flat were then ordered by the court to abide by the body corporate rules of conduct. The body corporate could now apply for an order holding the owner and the occupants of the flat in contempt of court, should they transgress again.
So, the court could eventually authorise warrants of arrest for those neighbours from hell, but sectional title owners will have to suck it up and continue living in daily conflict, in some cases.
Buying sectional title property is not only a transaction involving the transfer of immovable property. You buy your way into a complex maze of rules and regulations that will control your rights and responsibilities, and your interaction with your fellow sectional title tenants. So, make sure of those rules as well, and don't get fixated on the property alone!
