While none of these sources of noise are unacceptable during the day, they constitute a nuisance late at night or early in the morning. A washing machine on use on a ceramic tiled kitchen floor in an upstairs flat late at night can keep many people awake!

The conduct rules for a scheme were drafted to avoid some of these problems. Let us try and answer some questions about day-to-day Sectional Title living.

It is not surprising that permission to keep a pet is covered by the very first rule (rule 1) of the conduct rules. Much unhappiness and heartache has been caused by failure to understand this rule. An occupant of a Sectional Title unit may not keep a pet in a scheme without the permission of the trustees. On the other hand, the trustees may not refuse consent without good reason.

Generally, it is not necessary to obtain permission to make alterations inside a section. However, if these alterations involve structural changes or affect the electrical or water supply or the drainage system, it is essential to discuss this with the trustees. At their discretion, the trustees may ask for expert advice from an architect or engineer if the changes involve major structural changes, such as the removal of a wall. As a matter of courtesy, you should advise your neighbours if the alterations are going to cause them any inconvenience or create excessive noise. Builders can cause a lot of noise and dust! Many owners renovate their kitchens and bathrooms, add extra cupboards, re-tile or re-carpet floors without causing any problems.

Please remember that any changes that affect the common property require consent.

It depends where you want to fit the gate. In a townhouse, this seldom causes a problem.

In a flat, the situation is somewhat different as the area immediately outside the front door is common property. In this case the consent of the trustees will certainly be required, although it is unlikely that permission will be refused. Where the front door is in a recess and the recessed area is part of the section, permission is usually not required. However if the security gate is visible from a landing or passage, the rules of the scheme may stipulate, in the interest of uniformity, that security gates must conform to an approved pattern.

The outer walls form part of the common property, consent will be required. It is common practice to fit awnings to north and west windows and it would be very unreasonable to refuse permission. However, the rules of a scheme usually specify the type and colour of such awnings.

The front door is part of your section but it is visible from common property. Again in the interests of uniformity, the door may have to conform to an approved design.

Windows are generally considered to be part of the common property. Permission will be required. In the case of a block of flats, permission would probably not be granted. This matter would have to be discussed with the trustees.

The question regarding balconies is a very complicated one. A balcony may form part of a section, or it may be an exclusive use area. Even though the balcony forms part of a section, it is by no means certain that it can be enclosed. Often Municipal Planning's permission would be needed.

An open balcony is not considered to be a habitable area. Enclosing the balcony would convert it to a habitable area, in which case municipal permission would be essential, and may not be granted. In any event, enclosing a balcony would alter the outer appearance of the scheme and would certainly necessitate the consent of the trustees.

The exclusive use garden forms part of the common property, consent is necessary.

A patio is usually an exclusive use area, which of course means that it is common property and consent would therefore be required. In certain cases, patios form part of a section. In these cases, it may be necessary to notify the trustees, if the patio is visible from any part of the common property.

A carport is common property. Consent is required.

The installation of a spa bath, such as a Jacuzzi, requires alterations to the plumbing and electrical installation, so permission is needed. Please note that a spa bath may require more electrical power than is available in your section, in which case it might be necessary to provide a three-phase supply to the section. This is a major task and would certainly require expert advice.

Air-conditioning units which take air from outside the building are partly fitted outside the section, therefore permission is necessary. Another consideration is the noise generated by the compressor in the air-conditioner. These compressors often cause considerable vibrations, which will certainly affect your neighbours. In a block of flats, the compressor and fan noise will travel vertically and horizontally and will affect the flats above and below as well as the flats on either side. These noises may not be intrusive during the day, but will certainly prove to be a problem during the night. The trustees may therefore give consent but stipulate that the air-conditioner may not be used late at night or early in the morning.

Yes, of course you can. However you must notify the body corporate that you have sold your unit.

Yes, but please remember that as the owner of the unit, you remain a member of the body corporate and are responsible for payment of the levy. You are also responsible for the behaviour of your tenant. It is advisable to furnish the tenant with a copy of the management and conduct rules. Some schemes require an owner to notify the trustees that a unit is being rented to a tenant. As matter of courtesy, it is a good idea to notify the trustees, the caretaker and your neighbours.

The trustees are appointed by the body corporate to look after the interests of the scheme and to accept the instructions of the members of the body corporate. A trustee who is also an owner in a scheme may not derive any financial or economic benefit from his or her position as a trustee. The body corporate can remove a trustee from office at a general meeting. A trustee who is declared insolvent or of unsound mind, or is convicted of any offence involving dishonesty, is disqualified from holding office.

The role of a trustee is a responsible one, and very time-consuming. It is considered by many to be a thankless task. A good trustee is a valuable asset to any scheme.

The Act requires that the trustees make sure that the owners in a scheme adhere to the rules of the scheme. Trustees are empowered to apply to the Supreme Court for an order instructing an owner to comply with the rules. Where the breach of the rules involves a failure on the part of an owner to maintain his section or exclusive use area in a good condition, the trustees are entitled to carry out such repairs or maintenance that they consider necessary, and to charge the owner for the costs involved. These are extreme measures and, in practice, are seldom required.

If your neighbours consistently break the rules by making too much noise or being a nuisance in some other way, you should report them to a trustee. Please remember however that you should involve the trustees only in the case of serious disagreement and not in trivial disputes.

The body corporate can take action in an appropriate Court to recover unpaid levies. All owners in a scheme have to pay a levy. Any owner who fails to pay a levy, while continuing to enjoy the benefits of living in the scheme, is doing so at the expense of all the other owners. An owner who is in arrears with his or her levy may not vote at a general meeting of the body corporate, except for proposed or unanimous resolutions.

The Sectional Title Act requires the body corporate to ensure that the buildings are insured to the value of the replacement cost in the event that the complex is totally destroyed. The insurance must cover all the sections and all the improvements to the common property. The premiums for this insurance form part of the monthly levy.

If you feel that your unit is worth more than the amount for which it is insured, you are at liberty to ask the trustees to increase the amount for which your unit is insured, in which case you will be responsible for the extra premium.