STSMA: Understanding which rules apply

© Jessica Kirsh – 123RF.com

Some have thought that the new rules are only applicable to new schemes established after 7 October 2016 (which is when the new Sectional Title Schemes Management Act came into effect), and some have thought that their old rules stand – with no changes.

The STSMA states that, “Any rules made under the Sectional Titles Act are deemed to have been made under this Act.”

And section 21 says: “Rules prescribed under the Sectional Titles Act must continue to apply to new and existing schemes until the Minister has made regulations prescribing management rules and conduct rules referred to in section 10(2) of this Act.”

New rules apply to all schemes

The way it has been put could be confusing to some, says Bauer, but on reading through all the documentation, the simple explanation is that the new rules apply to all schemes, and replace all standard rules used under the old Act.

The exception is where there are customised rules that have been written specifically for a scheme. If these customised rules do not conflict with the new rules, then the customised versions are applicable.

Trustees of sectional title schemes must, therefore, create and maintain a properly integrated and consolidated set of rules. These must then be submitted to the Community Schemes Ombud Service for examination and approval, and subsequent registration.

“As there will be many rules submissions to the CSOS over the coming months, we strongly advise that this be tackled immediately so as to avoid lengthy delays in getting the approved documents back,” said Bauer.