Page 76 - Q&A
P. 76

Sectional Titles and Covid-19


            June 2020
            “I live in a small sectional title scheme and am on the body corporate. We
            have tried to comply as much as possible with the Covid-19 regulations but am
            unsure about what we may or may not do in this time. Is it possible to get some
            guidance in this regard?”
            As South Africans we must all comply with the relevant Disaster Management
            Regulations (“Regulations”) to stop the spread of the Covid-19 virus.  This
            includes sectional title schemes, which as small communities, must also comply
            with these Regulations.
            In general, sectional titles have quickly acclimatized and implemented the
            necessary precautionary measures at their schemes with signage, access
            control etc. What is more difficult to address is how body corporates should
            continue their functions in the light of social distancing, how sectional title
      Property  communities should use common property, and even how body corporates
            should deal with owners that cannot pay levies due to salary cuts.
            To answer these questions, one must look at the Community Schemes Ombud
            Service (CSOS) and their latest issued directive called the Covid-19 Directive,
            published on 27 March 2020 read together with amendments to the Directive
            published on 21 April 2020. In these Directives, the following guidance is given
            to how sectional title schemes should deal with some of these issues during the
            Covid-19 pandemic:

            In relation to meetings to be held by the scheme, the Practice Management
            Rules of the Sectional Title Schemes Management Act provides that meetings
            may be held via telephone or other electronic communication platforms
            such as Skype, Zoom, Microsoft  Teams and so forth.  Voting may also take
            place via round robin. The Directives confirm that this is acceptable and that
            meetings should be conducted in this manner and not in person, taking into
            account accessibility of participants and the ability of the chair to identify
            each participant.
            In  relation  to the use  of  the  common  property,  which  includes  areas  such
            as  common  driveways  or  essential  areas  such  as  laundry  rooms  and  refuse
            removal areas. The Directives advise that these areas may only be used as far
            as it is necessary and/or essential. The Directives also require that the Trustees
            of the scheme create a list of essential common property areas in the scheme
            with which residents will have to comply, including adhering to the Disaster
            Management Regulations such as that residents and workers must wear masks,
            sanitize frequently used surfaces and that a safe distance is kept at all times
            when the common property is used.






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