Changing the Rules in a Sectional Title Scheme: Who Decides what?

The Roman law maxim "Communio est mater rixarum" translates to “Co-ownership is the mother of disputes’ (Afrikaans – mede eienaarskap is die moeder van alle twiste). This principle stems from classical Roman law, recognising that shared ownership often leads to conflict due to competing interests among co-owners. It remains a foundational concept in property law, especially in matters involving joint ownership and rights of use.

Living in a complex or townhouse development it means you are part of a registered sectional title scheme, where certain rules—like pet ownership or parking—are set by the body corporate, governed by the Sectional Titles Act. Schemes and residential estates are legally entitled to enforce the rules of such estate against its residents as members, including those rules relating to speed limits on the roads within the estate or scheme. The Sectional Titles Act provides adequate remedies for the trustees to enforce sectional title rules – provided the rule is valid

There are two types of rules:

• Management Rules – govern trustees and meetings.

• Conduct Rules – cover daily life, like noise, pets, or alterations.

To change rules:

• Conduct rules need a special resolution (75% of the votes).

• Management rules may require a unanimous resolution (all the members).

• All changes must be filed at the Deeds Office with the prescribed form.

Note: Owners have the right to propose changes—provided the correct procedures are followed. We provide professional help for owners and body corporates to do so hassle free.