Who Makes The Rules In A Complex Or Apartment Block?
Category Advice
Rules form an important part of how we function together peacefully as a community and as a society. This includes the way we live together, especially when it's in close proximity within a secure complex or an apartment building.
You may have wondered who makes the rules in such contexts? And how do those rules get added, amended, or changed? In South African sectional title schemes, the rules and regulations governing a secure complex or an apartment block are typically established and managed by the Body Corporate.
This collective entity is made up of all the individual owners of units within the sectional title scheme. The primary responsibilities of a Body Corporate include managing and maintaining the common property and enforcing the rules and regulations that officially govern the complex.
A Guide To Rules and Regulations Within Sectional Titles
The secure complex or apartment block's official rules and regulations are laid out in detail in the scheme's founding documents, which typically include the:
- Sectional Title Plan: A plan that defines the layout of the complex, including the boundaries of individual sections (units) and common property.
- Management and Conduct Rules: These rules form part of the scheme's management rules and govern the day-to-day operation and management of the complex. They cover everything from noise levels, pet ownership, use of common facilities, and the conduct of residents. They also govern rule violations, issuing of fines, and taking legal action, if necessary.
- Memorandum of Incorporation (MOI): The MOI is a legal document that outlines the specific rights and responsibilities of both the Body Corporate and the individual unit owners. It may contain provisions related to the management and governance of the complex.
Adding and Amending Body Corporate Rules and Regulations
The process for amending or changing the rules within a sectional title scheme is fairly straightforward, and typically involves a vote by the members of the Body Corporate.
Depending on the specific rules and the terms laid out in the scheme's governing documents, any changes may require a special resolution (usually a 75% majority vote) or an ordinary resolution (usually a simple majority vote) of the members. Thereafter, any voted changes will be officially amended, and communicated with all key stakeholders.
Managing Disputes With Body Corporate Rules and Regulations
Rules and regulations are there to help maintain order, harmony, and the overall well-being of all within the complex or apartment block. There are, however, occasions when certain rules will be disputed. In those instances, the scheme's governing documents will outline ways that these disputes can be resolved, either through the dispute resolution mechanisms outlined, or, if necessary, through legal channels.
The Role of a Managing Agent
A Body Corporate will often enlist the services of a reputable property managing agent to help with the ongoing management of the complex. The appointed managing agent may be involved in enforcing certain rules and by-laws of the scheme under the direction of the Body Corporate. This includes dealing with rule violations, issuing warnings, and liaising with legal professionals if necessary.
Looking for a Managing Agent? Contact us!
When it comes to managing a complex or an apartment block, you need the right team to keep things running smoothly. As your appointed managing agent, let us take care of the day-to-day responsibilities while you handle all other important aspects of your role within your HOA or Body Corporate. Get in touch with us today.
Author: SAProperty.com
