Sectional title ownership allows several people to hold individual title to separate parts of one building or estate while sharing ownership of everything else. Because those owners are legally tied to one another through shared spaces, shared costs, and shared decisions, a scheme cannot function on goodwill alone. It functions on rules.
This guide explains what sectional title management rules are, how they differ from conduct rules, who enforces them, and what recourse exists when they are applied unfairly or simply ignored.
What Sectional Title Ownership Means
In a sectional title scheme, one property is divided into two legal components. Understanding this split is the key to understanding the rules that follow.
- Section — a privately owned part of the scheme, such as a flat, townhouse, office suite, or store. The owner holds individual title to it.
- Common property — everything used or enjoyed in common, such as land, driveways, stairwells, roofs, lifts, gardens, and shared pipes or wiring.
- Participation quota — the share each owner holds in the common property. It is usually calculated from the floor area or value of the section and determines voting strength and levy liability.
Buying into a scheme makes the owner an automatic member of the body corporate — the collective legal entity made up of all owners. The body corporate owns the common property, manages the scheme, and is bound by the rules. Owners cannot opt out of membership.
Management Rules and Conduct Rules: The Difference
Sectional title schemes typically operate under two distinct sets of rules, and confusing them is a common source of disputes.
Management rules
Management rules govern how the scheme is run. They deal with governance and administration: how meetings are called, how trustees are elected, how levies are set, how money is held and spent, and how records are kept. They are the scheme’s constitution.
Conduct rules
Conduct rules govern how people behave. They regulate the day-to-day use of sections and common property and apply to owners, tenants, and visitors alike.
Both sets of rules bind every owner and occupier from the moment they acquire or occupy a section, whether or not they signed anything personally.
What Management Rules Typically Cover
- Meetings — notice periods, quorum requirements, agenda procedures, proxy voting, and how resolutions are passed.
- Trustees — how many are elected, how long they serve, what powers they hold, when they must act in a meeting rather than alone, and how they may be removed.
- Levies and finances — how the annual budget is approved, how levies are calculated and collected, how arrears are handled, and how a reserve fund is built and used.
- Insurance and maintenance — what the body corporate must insure, who repairs what, and how major maintenance is funded.
- Records — what books, minutes, financial statements, and rule registers must be kept, and how owners may inspect them.
Voting thresholds matter
Management rules usually define three levels of decision-making. An ordinary resolution is a simple majority of members present and voting. A special resolution requires a higher threshold — commonly two-thirds or 75% — and is used for important decisions such as amending management rules or approving substantial expenditure. A unanimous resolution requires every owner’s agreement and is reserved for the most fundamental changes, such as altering participation quotas.
What Conduct Rules Typically Cover
- Keeping of pets and animals
- Noise levels and quiet hours
- Parking and use of bays
- Refuse disposal and storage
- Alterations, additions, and aesthetic changes to sections
- Signage, advertising, and satellite dishes or antennas
- Short-term letting and occupancy limits
- Use of communal facilities and booking procedures
How Rules Are Made and Amended
Management rules are usually attached to the scheme when it is first registered, and they can be replaced or amended later. Amendments generally require a special resolution passed at a properly convened general meeting, followed by filing or registration with the relevant land or deeds office so the change is legally effective. Conduct rules can often be changed by trustees or by a lower threshold of owners, depending on the governing framework.
For a rule to be valid, it generally must:
- Be lawful and consistent with the governing legislation;
- Be reasonable, in the sense of being rationally connected to the management of the scheme;
- Apply equally to all owners in similar circumstances;
- Not unreasonably interfere with an owner’s rights in their own section;
- Have been properly adopted and recorded.
A rule that fails these tests can be challenged, even if it was correctly passed at a meeting.
How Rules Are Enforced
Enforcement usually follows a graduated path rather than jumping straight to litigation:
- Informal resolution — a direct conversation or written reminder from the trustees.
- Formal notice — a written breach notice identifying the rule and required remedy.
- Financial penalty — a fine, but only where the rules expressly authorise one, and only after fair process.
- Formal dispute resolution — mediation, arbitration, a specialised tribunal, or court action.
Owners facing enforcement are entitled to notice of the alleged breach, a fair opportunity to respond, and a decision made without bias. Trustees who have a personal interest in the outcome should generally recuse themselves.
Rights and Responsibilities
Owners and occupiers generally have the right to:
- Use and enjoy their section and the common property;
- Attend and vote at general meetings;
- Access scheme records, minutes, and financial statements;
- Receive proper notice of meetings and special levies;
- Be treated according to the rules rather than at a trustee’s discretion.
They are generally responsible for:
- Paying levies and special levies on time;
- Complying with both rule sets;
- Maintaining their own section;
- Ensuring tenants and visitors comply;
- Disclosing rule compliance to buyers or tenants in advance.
Practical Examples
An unapproved alteration
An owner encloses a balcony without written trustee approval. Because the exterior forms part of the common property, the alteration likely breaches both the conduct rules and the management rules on structural changes. The trustees may require removal or restoration at the owner’s cost, and may seek an interdict if the owner refuses.
A disputed levy increase
Owners object to a large special levy approved at a meeting they say lacked proper notice. If the notice period was defective, the resolution may be invalid and could be set aside. The remedy is usually a procedural challenge, not simply withholding payment.
A pet or noise complaint
A tenant keeps a pet in breach of a scheme-wide prohibition. The trustees can act against the owner, who remains responsible for the tenant’s compliance. A rule banning all pets without qualification may itself be vulnerable if it is unreasonably broad.
Where to Take a Dispute
Most disputes should first be raised in writing with the trustees and placed on the agenda of a general meeting. If that fails, the next steps commonly include mediation, arbitration, an application to a dedicated housing or consumer tribunal, or a court application for a declaratory order or interdict. Deadlines and procedures differ between systems, so identifying the correct forum early is important.
Conclusion
Sectional title management rules exist to make shared ownership workable. They set out who decides, who pays, who maintains, and how disagreements are resolved. Owners who understand the distinction between management and conduct rules — and who know the thresholds, procedures, and recourse available — are far better placed to protect their investment and resolve conflicts without unnecessary conflict or cost.