Parking and vehicles
By Zerlinda van der Merwe
We often categorise the issues we experience in sectional title schemes as the “three ‘P’s’ of sectional title living”, namely pets, parking and people, which are more often than not, the cause of all the problems in sectional title schemes. Although this list has been added to over time, the abovementioned three issues remain the favourites. In this article, we will focus on parking.
Prescribed Conduct Rule (“PCR”) 3(1) of Annexure 2 to the regulations under the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”), provides that the owner or occupier of a section must not, except in a case of emergency, without the written consent of the trustees, park a vehicle, allow a vehicle to stand, or permit a visitor to park or stand a vehicle, on any part of the common property other than a parking bay allocated to that section or a parking bay allocated for visitors’ parking.
PCR 3(2) further provides that the consent granted under subrule (1) must state the period for which the consent is given.
When comparing this conduct rule to its predecessor under the Sectional Titles Act 95 of 1986 (“the STA”), one can see that the rule now provides that vehicles can be parked on common property in the case of emergencies, without the prior written consent of the trustees.
Demarcated visitors parking bays are included in this PCR, and many schemes specifically regulate the use of visitors parking bays in their additional, amended or substituted registered conduct rules.
It is interesting to note that the trustees no longer have the power, in terms of the PCR’s, to cause to be removed or towed away any vehicle parked, standing or abandoned on the common property without the trustees’ consent, unless the scheme amends their conduct rules to grant the trustees this power, which could be extended further to include clamping of these vehicles.
The amended rule should not provide that the trustees may themselves remove or tow away the vehicle, rather that they may arrange for the removal or towing away of the vehicle. By arranging a specialised contractor, the trustees reduce the risk of possible damage to the vehicle, and liability for such damage. However, situations have occurred when the trustees, managing agents or scheme employees have been unsuccessful in their attempts to arrange such a contractor to come out to the scheme to remove or tow away a vehicle. In such a case, clamping of the vehicle may be a better option.
Although the PCR has never provided for clamping of vehicles, the scheme’s amended rules may provide for this action to be taken by the trustees, managing agent, security or other scheme employee.
Bearing in mind that the owner of the vehicle will be liable for the expense of removing or towing away the vehicle, when drafting a rule providing for clamping of vehicles, provision may be made for a release fee or penalty to be paid by the owner of the vehicle before the clamp will be removed from the vehicle. Issues may arise when the owner of the vehicle wishes to remove the vehicle at a time when there is no one available to release the clamp, such as late at night. When clamping the vehicle, it is suggested that a notice be placed on the car, providing the contact details of the party in charge of releasing the clamp.
As with any fining or penalty provision in the scheme’s rules, the rule (and the amount of the fine or penalty imposed) must be reasonable and be enforced through proper procedure.
Should you have any queries relating to this topic, or require our services to draft or review your scheme’s rules, contact us via email at consulting@paddocks.co.za or telephonically on 021 686 3950.
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Thinking Inside the Box 
Pity STSMA does not also (specifically) deal with abandoned or unlicensed vehicles parked in parking bays. Maybe there is a municipal bylaw that can help trustees with this.
Hi Daniel
Thank you for your comment. We would love to help, however we do not give free advice.
If you would like any assistance form our private legal team, please feel free send send us an email at consulting@paddocks.co.za.
Kind regards
Paddocks
Another P is the Petty cash or generally Cash and Finances.
Involved with a scheme where parking issue caused the common property to become like a what one owner described as “a war zone”. Due to one resident opting not to adhere to the request to not park for extended periods on common property in an area the could cause obstruction.
Residents began taking photo’s now of other residents parking /standing on common property.
Some of the residents feel they are being treated as children in a creche if they need to send an e-mail to the trustees to notify that the will have guests for a night o or more parking on common property.
The Scheme does not have EUA’s.
Interesting to know that at the scheme when the had burglaries, it was at the sections where vehicles were frequently parked on common property for more than a night at a time.
Something rules can seem to be enforced to strictly, but people tend to take advantage when enforcement is slacked.
M2c
1. I would think that amending the conduct rules to give the trustees the power to clamp, fine etc is a good thing but that some consideration would be given to the circumstances surrounding the “abandoned vehicle”. Perhaps a window of 20min (for a quick stop to fetch a wallet etc) could be granted in the rules but anything beyond that would have to be considered as per circumstances involved (like did the car break down or was it simply parked for the duration of a weekend away).
2. Generally people don’t park in other people’s bays (or EUA’s). This is more likely to happen at the visitors’ bay areas where it is “first come first serve”.
My 2 cents.
I have another question around parking bays or EUA’s; owners in our block are starting to put stored items in their bays plus their cars. It can look untidy so we have suggested putting such items into plastic/tight fitted containers etc. But is there anything in the Act or law that prohibits storage in parking bays/EUA’s (even though the trustees are considering enforcing uniformity, neatness & no obstruction to the EUA’s of others)?
Dear Ana-Lisa,
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
Re Parking & Vehicles:
1) What is considered an emergency. We have people (Owners/tenants) who drive off and suddenly realise they have forgotten their wallet or cell phone, return and park on common property closest to the lift to ‘quickly’ go and retrieve their wallet/cell phone.
2) Parking bays in our complex are exclusive use which falls under common property. Does the same rule apply e.g. clamping?
Dear Frank,
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