Using Sectional Title Property

As I have said before, sectional title property is not like full title properties. You cannot use your sectional title unit just as you please. There is a whole community in the sectional title complex to consider!

So, if you are planning to buy a sectional title property, you need to understand exactly what you can use that sectional title property for, and how you can use it, without getting in trouble with the neighbours.

The Sectional Title Law

Section 44(1)(g) of the Sectional Titles Act states:

An owner shall:
(g) when the purpose for which a section is intended to be used is shown expressly or by implication on or by a registered sectional plan , not use nor permit such section to be used for any other purpose: Provided that with the written consent of all owners such section may be used for another purpose.

And then the Management Rules (the management rules may differ from one sectional title scheme to another) states in Rule 68(1)(i) that:

68(1) In addition to his obligations in terms of section 44 of the Act , an owner
(i) shall not use his section, exclusive use area or any part of the common property, or permit it to be used, in such a manner or for such purpose as shall be injurious to the reputation of the building;
(v) shall, when the purpose for which an exclusive use area is intended to be used, is shown expressly or by implication on or by a registered sectional plan, not use, not permit such exclusive use area to be used, for any other purpose. Provided that with the written consent of all owners such exclusive use area may be used for another purpose;

What all that means

So, as an owner of a sectional title property, you have to use the sectional title property, and make sure that others use your sectional title property, in the way it was intended to be used.

A section in a residential sectional title complex has to be used for residential purposes. The garage of your sectional title property is intended to be used as a garage, not as a bachelor flat that you can rent out to someone, even if you need the rent to repay your mortgage. In the same token, you cannot go and park your car in your sectional title property's living room, even if it fits. The carport or parking area is for parking vehicles, not storing your extra furniture. Storerooms are used for storing stuff, not as a handy outside room for a live-in maid.

If you want to use any part of your sectional title property for a purpose other than was intended, according to the Management Rules, you would have to get the consent of ALL the other sectional title unit owners for changing the allowed use of those areas. But because Rule 68(1)(i) of the Management Rules protects the reputation of the building, it will not be possible to allow any section or exclusive use area to be used in a way that might harm the reputation of the building.

Harming the reputation of a building. Huh?

Rule 68(1)(i) also gives raises the question: What exactly would harm the reputation of a building?

Two different sectional title property owners might have two totally different interpretations of what harms a building's reputation. That is, once those owners get their heads around the idea that a building has a reputation!

According to South African common law, the courts would consider this question from the standpoint of the "reasonable man". And if we apply this approach, from a Christian moral standpoint, prostitution, slavery, slaughtering of animals etc. may fall under the definition of uses that may harm the building's reputation.

But seen from the standpoint a traditional tribal religion, a "reasonable man" would honour his deceased relatives by slaughtering an animal. And the skin might have to be dried and displayed at his home, as part of the ritual. Not honouring the forefathers would bring this "reasonable man", his family and his home (the building) into disrepute.

So, who is right here?

I feel that the management rules must be clarified further, when the developer opens the sectional title register.

Rule 68(1)(i) may give rise to many disputes between individual section owners and their bodies corporate. And unfortunately, because sectional title disputes are dealt with in arbitration, rather than in open court, no precedent will ever be set.

More harming the reputation of a building

In a complex such as an old age home, where silence may be required in the afternoon, for a little siesta, an occupant who works from home, using noisy equipment, may also harm the reputation of the sectional title complex.

If this use of a section does not harm the building's reputation, at the very least it will annoy some other occupants and section owners. And if you annoy the other section owners, they will most likely not provide their written consent for such use of your sectional title property.

Changing the use of sectional title property

The use of a section or area can only be changed with the written consent of 100% of the owners. This means that you will have to either send a request to every section owner, which they would have to sign and return to you.

It is possible to use a special general meeting, or the Annual General Meeting, where a whole lot of the section owners will be together, for getting this written consent. But a unanimous resolution by all the attending section owners will not be sufficient, because very few meetings are attended by all the owners.

The Sectional Titles Act specifically states that the written consent of ALL the owners is required. So, you will have to get a list of names, addresses and telephone numbers for all the section owners in your sectional title complex from your managing agent or trustees. This will allow you to contact all the other section owners, if you still wish to change the use of your sectional title property.

If you do get the consent of all the owners, remember that they may place restrictions on their consent.