Article by Bob Gauld Noise levels in Sectional Title Schemes



"I am sure that our problem is not unique," said the owner of a townhouse in a long- established sectional scheme. “Our complex has been sectional title for over twenty years and some owners have been here for most of that time. The trouble is that they make it very difficult for new owners, especially ones with children. The trustees have tried to impose a “quiet hour” every afternoon and stop children using the pool or playing outside. One afternoon the chairperson even switched-off the electricity to a unit where the kids were playing computer games and frequently does so when a party is going on in the evening.” Indeed it is not unique! There are many schemes in which the older, long-resident owners seem to resent newer and sometimes younger owners. Although many schemes have attempted to introduce a quiet period in the afternoons, few have succeeded. It is not only children who bear the brunt of the complaints. A recent caller to the Helpline complained about trustees who tried to ban the use of modems and faxes during afternoons and weekends. The same trustees tried to ban tenants' children from using the pool and their visitors from parking in bays on the common property. How did they justify these attempted bans? "These facilities are privileges for the owners who paid for them and cannot be extended to tenants", said the letter! Sectional living is community living. The nature and composition of every community changes over time. Some people perceive change as a threat; others see it as a challenge. Understandably, many long-time residents in sectional schemes don't like changes. They long for times that were and are highly threatened by times that are! For the buyer of a sectional unit, the "new kid on the block feeling" is very real. Moving-in day is inspection day, with curious neighbours watching and often judging the new arrivals. Many schemes make the newcomers feel welcome. Others welcome the new owners with the "we are a happy community and we hope that you will respect our ways" speech. By its very nature, sectional ownership imposes additional responsibilities on owners. Among these are obligations to pay part of the costs of running the common property and to observe the formal rules of the scheme. Owners who fail to pay their share are parasites, living off their neighbours' contributions. Action against them should be swift, efficient and legal. Among the highly irregular methods preferred by the more dictatorial trustees are discontinuation of the electrical supply, wheel clamping and imposition of fines, all of which have been covered in this "Sectionally Speaking" series. No matter how effective these methods may be the reactions are often quite bizarre. There is a scheme in the Cape at which the trustees frequently clamped the wheels of vehicles wrongfully parked on common property. Imagine their surprise one Monday morning when they found that an angry owner had clamped the wheels of some of the trustees' cars. A similar case concerned trustees who placed large and very sticky stickers on the windscreens of incorrectly parked cars. One night, specially printed "Beware of the Trustees" stickers were strategically placed throughout the scheme, including the windows of cars belonging to certain trustees. At another scheme, an owner got a locksmith to change the lock on the door to the meter room. He switched off the power to some of the sections and refused to open the room and restore the power until the body corporate paid him re-connection fees! He justified his actions by saying that if the trustees can act outside the law, so can he. He was reacting to the R150 re-connection fee that he was charged for not paying his levy and electricity account by the seventh day of the month. At yet another scheme, an owner was fined for parking overnight in a visitors’ parking bay. He refused to pay the "fine", so the chairman switched-off the power to his section. While most property professionals would welcome a change in legislation that would allow termination of the electrical supply to defaulters, many fear the consequences of placing such punitive powers in the hands of lay-people. Once sides have been taken, it becomes very difficult to re-unite the owners. I remember the body corporate of a Johannesburg sectional scheme that was divided into two, each side being led by a young lady owner. The friction between the sides increased until a new owner delved back into the history of the scheme to find out what dastardly deed first divided the body corporate. The origins had nothing to do with Sectional Title and started when the two ladies clashed over a boyfriend! Each side gained supporters and the dispute escalated into divisions about pets, noise and parking. There is never a dull moment in the zany world of Sectional Title! Copyright © R Gauld 2001