Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)RegulationsSectional Titles Schemes Management Regulations, 20166. Rules |
| (1) | Rules, as prescribed and as amended by a body corporate in accordance with section 10 of the Act, must be considered to be and interpreted as laws made by and for the body corporate of that scheme. |
| (2) | For the purposes of section 10(2)(a) and (b)— |
| (a) | Subject to sub-regulations (3), (4), (5) and (6), management rules are as they appear in Annexure 1; and |
| (b) | Conduct rules are as they appear in Annexure 2. |
| (3) | when submitting an application for the opening of a sectional title register a developer may substitute, amend or withdraw management rules number 5(2) and (3), 7, 8(1) and (2) and 12 and may add management rules that are not inconsistent with any other management rule that appears in Annexure 1. |
| (4) | If the schedule referred to in section 11(3)b of the Sectional Titles Act contains a condition restricting transfer of a unit without the consent of an association whose constitution stipulates that— |
| (a) | All members of the body corporate and of the development scheme of which the unit forms part, must be members of that association and; |
| (b) | The functions and powers of the body corporate must be assigned to that association; the developer may, when submitting an application for the opening of a sectional title register, substitute any management rule that appears in Annexure 1. |
| (5) | If at the commencement of the Act the members of a body corporate are all members of an association whose constitution binds its members to assign the functions and powers of the body corporate to that association, the management rules contained in Annexure 1 do not apply. |
| (6) | The management rules set out in Annexure 1 may be added to, amended or repealed by unanimous resolution of the body corporate: Provided that no such addition, amendment or repeal made be made until such time as there are owners, other than the developer, of at least 30% of the units in the scheme save in the case of a body corporate which is established in a scheme which was approved in terms of the Sectional Title Act, 1971. |