Clarification on the limitations when living in a sectional title development

Sectional title developments often seem like a suburb within a suburb. Each ‘complex’ often has its own culture with mini-communities forming a tighter bond than with those outside of the electric fencing, booms and guardhouses.

Many can be forgiven for thinking the liberty to walk freely within their familiar confines would be absolute, but sadly this is not the case. “During a lockdown, nothing is normal. Typical rights are limited,” said Cilna Steyn, Managing Director of SSLR Incorporated. “Residents must be confined to their exclusive-use areas. The lockdown means not leaving your house unless it is to get food, medical supplies or access essential services,” she continued.

Mark Friebus, Head of Operations for Whitfields Residential and Commercial Property Management, outlined the inherent risks of ‘common property’. “Although the common property of a scheme is not a public space under the definition of the law, it promotes social engagement between human beings. Use of the facilities could defeat the isolation objectives set by government during the lockdown period,” he stated.

Managing agents have been in contact with their clients and residents to explain procedures around communal living. “Complexes and estates with communal facilities have, where possible, locked the swimming pool gate, closed down the clubhouses, gyms and playing areas with jungle gyms. Children are not allowed to play outside in the parks; they have to stay indoors,” affirmed Group Rentals Portfolio Manager of RE/MAX Masters, Garth Schindehutte.

“If they allow it to be used by children riding bikes, playing in the roads, congregating in park areas and using other common property facilities, they must consider the liability they may face as a consequence thereof,” warned Mark. Security guards will still be on duty, as essential services and extra shifts will be allocated by some estates to enforce the lockdown.

“The onus really is on the bodies corporate to enforce the rules. Community space is closed. No crowds are allowed and people must respect the need to maintain social distancing,” concluded Cilna.

The lockdown will bring with it dramatic changes and mind-numbing confinement, so the public is urged to plan ahead for this unprecedented event.