In South African sectional title schemes, the “conduct rules” regulate how owners and residents behave to ensure peaceful cohabitation in the shared community. These rules are governed by the Sectional Titles Schemes Management Act (STSMA) 8 of 2011 and its regulations.
TYPES OF CONDUCT RULES
- Prescribed Conduct Rules (PCRs):
These are default rules found in Annexure 2 of the Regulations to the STSMA. They automatically apply to all sectional title schemes unless replaced or amended. They cover issues like: noise, refuse disposal, parking, pets, and use of common property.
- Amended or Custom Conduct Rules:
A body corporate can substitute, add to, or amend the prescribed rules. These become the binding conduct rules of the scheme once approved and registered.
PROCESS FOR CHANGING CONDUCT RULES
Changing conduct rules involves a formal process to ensure legal compliance and community consensus:
Step 1: Propose the Change
The trustees or members may propose a rule change (either a new rule, amendment, or deletion). The proposal must be clearly drafted and circulated in advance of the meeting where it will be voted on.
Step 2: Adopt the Change by Special Resolution
A special resolution is required under Section 10(2)(b) of the STSMA.
This means:
At least 75% of votes in value (based on unit participation quotas), and
At least 75% of the number of members (owners) must approve,
Either in a general meeting or by round robin written vote.
Step 3: Lodge with the Ombud (CSOS)
The amended rules do not take effect until submitted to and approved by the Community Schemes Ombud Service (CSOS).
Submission includes:
Form CS 3, a certified copy of the special resolution, the amended rules (in the prescribed format), and proof of payment of the CSOS filing fee.
Step 4: CSOS Approval
CSOS checks whether the rules are reasonable, are not in conflict with the STSMA, the Constitution, or other laws, and do not discriminate unfairly.
If approved, CSOS certifies and registers the rules in the scheme’s official record.
CONDITIONS AND LIMITATIONS
Rules must be reasonable and enforceable.
They cannot conflict with the STSMA, prescribed management rules, or constitutional rights (e.g., arbitrary bans on children or pets without valid justification).
The rules must apply equally and cannot unfairly target or benefit specific owners or groups.
A rule that restricts or impairs the use of a unit more than necessary is likely to be challenged.
EXAMPLES OF CHANGES THAT MAY BE MADE
Stricter pet rules (e.g., requiring written permission).
Visitor parking limits or prohibiting long-term use by residents.
Recycling requirements or improved waste disposal rules.
Smoking bans in certain common areas.
💡 KEY POINT:
Although called “prescribed” rules, they are “default templates”. The body corporate has the legal authority to amend them, but only within a structured process ensuring owner participation, oversight by CSOS, and conformity to the law.
