Drafting and Enforcing Conduct Rules in Community Schemes
Conduct rules are the foundation of harmonious living in community schemes. They ensure that everyone’s rights are respected while promoting order and safety in shared spaces. But not all rules are valid, and enforcing them requires careful compliance with South African legislation and CSOS guidelines. This two-part series explains how rules are created, registered, and enforced – and highlights which rules CSOS will not allow.
Part 1: How Are Rules Created and Registered?
Conduct rules must follow a clear process to be enforceable. Trustees or Directors may draft them, but owners in Sectional Title schemes must approve by special resolution before they are submitted to CSOS for certification. Without CSOS approval, rules have no legal standing.
👉 Read more: How Are Rules Created and Registered?
Part 2: Undesirable Rules and Enforcing Rules
Not all proposed rules will pass CSOS scrutiny. Rules that unfairly restrict owners’ rights — such as cutting utilities for levy arrears or banning pets outright — are considered undesirable. This article also explores how trustees and directors can lawfully enforce rules, including the use of fines, dispute resolution, and best practices for consistency.
👉 Read more: Undesirable Rules and Enforcing Rules
Well-drafted and lawfully enforced rules create safer, more enjoyable communities. By following the proper legal processes and avoiding undesirable provisions, schemes can establish fair rules that are enforceable and protect all residents.
Working with Managing Agents and Owners in a Community Scheme
How to Improve Efficiency and Eco-Consciousness in Your Sectional Title Scheme