Are Fines in Sectional Title Schemes Legal?
Can the body corporate of a sectional title scheme, through its trustees or managing agent impose fines on owners and residents for breaches of the rules?
Neither the Sectional Titles Act nor the prescribed rules (the governing legislation) provide for the imposition of fines or penalties on apparent transgressors of a scheme’s rules.
So the default position is ‘No’!
If you’ve received a fine from the trustees or the managing agent and your scheme’s rules don’t provide for fining – the fine may well be unenforceable.
But…
It is possible for a body corporate to impose legally enforceable fines if the body corporate has properly adopted a carefully drafted rule providing for fining owners and residents.
However, in order to be enforceable this rule must be:
1) reasonable, and
2) take into account the principles of natural justice, especially the principle ‘Let both sides be heard’, which requires that a hearing be called to give the apparent transgressor an opportunity to state his case before being found guilty and a fine being issued.
If, after the hearing, the trustees find the person to be guilty of breaching the rules they can impose a reasonable fine.
It is important to note that for a fining rule to be enforceable it must be carefully drafted, passed by the required consensus level (special resolution for a conduct rule, unanimous resolution for a management rule) and it must be filed at the Deeds Office.
So if your body corporate wants to be able to impose fines I recommend that you get an attorney, well versed in sectional title, to draft the fining rule for you and ensure it is properly filed at the Deeds Office.
Have you been illegally fined in your scheme? Share by commenting below.
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Thinking Inside the Box 
I’m renting a unit in a complex for 2 years and have many challenges with my neighbor making allegations of noise disturbance against my children, littering and overcrowding in the unit, the body corporate have fined me for these allegations and the landlord just adds it onto my monthly rent. I am not given the opportunity to state my side of the story and are being ignored when I log an appeal against the allegations. What can i do to resolve this matter?
Hi Claud,
Thank you for getting in touch with us. This would be something that our legal team would need to assist with. Kindly send the name of the scheme and a brief description of the matter to consulting@paddocks.co.za and the team will assist with a no-obligation quote for their assistance with your matter.
Kind regards
Paddocks Team
Good day,
My owner received a fine of R1000 for my kids that is playing outside and was riding bikes and also damage the plants (which they don’t have any evidence that it was my kids) my kids don’t also have bikes. I was the only one that received a fine, the other parents didn’t even get a notice for their kids playing outside.
My owner did get a fist warning regarding kids playing outside and now the second email is the fine
Hi Toola,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Please see below for how we can help:
– We offer consulting via telephone for R490 for 10 minutes. Please call 0216863950.
– We have Paddocks Club, an exclusive online club, headed by Prof Graham Paddock, to help you get answers to your questions about community schemes: http://club.paddocks.co.za/
– We offer a Free Basics of Sectional Title short course starting soon: http://www.paddocks.co.za/courses/free-basics-of-sectional-title/
Kind regards,
Paddocks
Hi,
I live in The Six Residence in Cape Town. Have been staying with fiend so needed a storage unit and parking for my car. The caretaker rents out parking bays in visitors area and storage in basement. Issue arose when they moved all my stuff from basement to ground floor without my consent. I don’t even know if all was moved. I started demanding on receipts for parking and storage to no avail for 4 years. Finally I reported them to the Rental Tribunal and made mistake to CC them in on e mail. For all my effort I arrived at my car one morning and it was clamped. No notice no papers nothing. It’s same parking spot I always parked in. Updated the Tribunal of situation. But it’s 3 weeks and I want to use my Audi Cabriolet. MAY I by any chance Remove the clamp myself? It is a illegal clamp. Caretaker Eduard Heemskerk is obviously getting rattled after Tribunal complaint so he now claims I haven’t paid parking for 2 years? 🤣😂 Really? Why only take action now if that’s the case? I do have all corresponding messages requesting for receipts, My issue with them moving my property and recorded conversation with a security guard that know the story. Pls help any advice will be appreciated.
Hi Michael,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
– We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
– We offer consulting via telephone for R390 for 10 minutes. Please call us on +27 21 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.
Kind regards
Paddocks
Pingback: The question of body corporate fines – ABC Properties
Good Morning
We are shareholders in a shareblock, the new board has instituted some very hefty fines to the new house rules, this has not been filed at the deeds office, can it be enforced.
They have also threatened to clamp vehicles wheels and you need to pay R350.00
to have this removed.
If shareholders are 30 days in arrears with their levies they deny non-permanent residents to their properties and permanent residents may also be denied access to their homes, visitors to permanent residence gets denied entry unless they pay a gate fee of R130.00 per person.
They have also instituted a new rule that if you buy a plot you need to pay R3 500.00 admin fee and if you start to build then you need to pay an additional R6 500.00 this is all non-refundable, previously new buyers used to pay R250.00 admin fee.
They have also put in another rule that when you start building you need to put down a builders deposit of R10 000.00 of which they will only refund R7 000.00.
Your advice and feedback will be greatly appreciated.
Kind Regards
Marlene De Beer
Dear Marlene,
Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.
Kind regards,
Paddocks
My sister rented my sisters unit for two years, in that time the chairman’s sister threw a tantrum when my sister moved trellises that were put in the middle of her garden. My sister moved them to the boundary. The neighbor went to court to apply for a protection order. Needless to say this case had been going on for two years. My sister started renting my unit and the chair has placed her own personal legal fees onto my levy. When I instructed the chair to remove the chairs personal legal fees off my levy I have been ignored and charged interest on the chairs personal legal fees that are st R10,000,00. It’s against the law to add anything onto an owners levy. Am I right? Any suggestions
Dear Margie,
Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.
Kind regards,
Paddocks