Page 76 - Q&A

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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