Rights, responsibilities, and reasonable regulation
Living in a sectional title scheme means sharing space, not only with neighbours but with their families, including children. As more families opt for community-based living, trustees are increasingly required to navigate concerns involving children’s conduct, balancing the rights of families with the right of other residents to peaceful enjoyment of their homes and property.
Children have a right to be there
Children, like all lawful residents, have a constitutional and legal right to live in a unit owned or occupied by their family. They may use common property just like any other resident. Rules that seek to exclude children outright from using communal facilities or that disproportionately target them are generally unreasonable and unenforceable, and may amount to discrimination.
The need for reasonable rules
While exclusionary rules are not permitted, trustees are empowered under the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and prescribed rules to regulate behaviour on common property in a manner that is reasonable and fair. This includes the authority to adopt conduct rules that:
- Prohibit unsafe or damaging behaviour (e.g. ball games near parked vehicles);
- Limit noise in common areas during quiet hours;
- Require supervision of minors in high-risk areas like pools or gyms,
- Such rules must address behaviour, not age or status, and apply equally to all residents.
Damage to vehicles and property
One common concern raised by residents is accidental damage to vehicles or property caused by unsupervised children playing in driveways, parking bays, or near garages. While some wear-and-tear is inevitable in communal living, trustees are entitled to investigate and act where repeated or reckless conduct leads to physical damage. Parents and guardians, as owners of sections, are ultimately responsible for the conduct of their children and any guests under their care.
Rules may reasonably restrict ball games or cycling in areas where property damage is likely. Enforcement, however, must follow due process and be handled diplomatically.
Noise and work-from-home disruption
With the rise in remote work, an increasing number of residents rely on peace and quiet during traditional working hours. Excessive noise, whether from unsupervised play, shouting, or use of noisy toys, can interfere with concentration, meetings, and professional calls.
Trustees must strike a delicate balance: while some daytime noise is normal, they can and should intervene where the noise becomes habitually disruptive or reaches unreasonable levels. In these cases, parents may be called upon to better supervise their children or redirect play to more appropriate areas.
Best practice for trustees and residents
- Encourage supervision: Remind residents that children on common property should be supervised, especially near vehicles or facilities prone to damage.
- Facilitate communication: Many disputes can be resolved informally through constructive dialogue between neighbours.
- Frame rules appropriately: Focus on regulating conduct, not the presence of children.
- Acknowledge remote work needs: Consider reasonable quiet hours or designated play zones to reduce tension.
Conclusion/s | Schemes should be a balanced, child-friendly space
Children form a vital and valued part of any community. Schemes should aim to be inclusive, safe environments where families can thrive while respecting the rights of others. Reasonable conduct rules, consistent enforcement, and proactive communication can help trustees foster a balanced, child-friendly living space without compromising the peaceful enjoyment of residents’ homes and property.
A community scheme is just that, a community, and whilst we can’t choose our neighbours, we can most certainly choose to live with them, hopefully in a manner of acceptance and respect.
Have any questions on the above? Contact us today on +27 28 312 4474 or at hpm@hermanus.co.za.
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