Sectional title living is still growing steadily, but the concept behind this type of property is still unclear for many.

“It is critical to have a good understanding of Sectional Title, whether you are a tenant or an owner, before moving into such a complex or the consequences of misunderstandings can be dire,” says Heather Briggs of Shepstone & Wylie’s property department.

Briggs says there are three key concepts to understand.

The first is that the Body Corporate is made up of every owner of a unit in the scheme. This body is responsible for the running of the scheme, which may include maintenance to the buildings and common property, collecting levies and managing the finances of the scheme and dealing with any staff members employed by the body corporate, amongst other things.

In medium to big size schemes it can be impractical for every owner to be a part of the running of the scheme; therefore, the body corporate elects a hand full of owners to be trustees who attend to the running of the scheme on behalf of the body corporate.

The trustees are given certain powers in terms of the Sectional Titles Act, which allow the trustees to make certain decisions without reverting back to the body corporate. However, some decisions do require the trustees to obtain the body corporates' permission. Therefore, it is important to elect trustees who have the interests of the scheme at heart.

Another facet to enjoying sectional title living is the understanding that the scheme has a set of rules which every occupier in the scheme is required to adhere to, whether they are owners or tenants.

The rules, says Briggs, are in place in order to facilitate the smooth running of the scheme and to assist the trustees in keeping control by preventing nuisances, such as noises, smells and wandering pets, that are sometimes caused amongst occupiers. The rules usually also require the trustees permission before certain actions may be carried out by the owner such as certain alterations to the unit or operating an office out of the unit. An owner needs to understand the restrictions on his rights as owner and may need to reconsider his purchase of a sectional title unit as against a conventional house.

Thirdly, it is important to consider that sectional title schemes generally involve living in close proximity to others. People living in a sectional title scheme should be considerate of others and be aware of the nuisances that they cause. Just as one owner has the right to do what they wish in their home, so their neighbours have the right to the peaceful enjoyment of their home as well.

Briggs says this consideration for others should also be adhered to when dealing with the common property as every owner of a unit in the scheme owns their unit and an undivided share of the common property. Therefore, every owner is as equally entitled to use the common property as the next owner and each owner should be considerate of this fact.

“It is a good idea for a new owner or tenant to get a copy of the rules and regulations of a complex when moving in, and to go through these carefully, so that you can live in the complex with confidence,” concludes Briggs.