Sectional Title rules can’t ban your kids
Sectional title properties are often more affordable and affords owners the ability to live in sought-after areas without having to pay the larger sum associated with buying a freestanding property for example.
This means that you will find many newlyweds or young families settling in sectional title properties as their first family home. The result is that there are probably very few sectional title properties without children residing there.
Although the prescribed rules applicable to all schemes may not mention children, many schemes have amended their rules and now have rules that relate specifically to children. It is therefore best that you check the provision of the rules first to make sure it is aligned with your family’s lifestyle before buying into a sectional title.
Common scheme rules relating to children include restricting children from playing in driveways, car parks and other areas such as swimming pools where they may be harmed. Noise restriction rules are also common.
It’s important to note that in terms of the Sectional Titles Act all rules must be reasonable and therefore if you currently live in a scheme where there are unreasonable draconian rules relating to children (or anything else for that matter) – you can challenge their validity and enforceability. It would be unreasonable to restrict children from living in a sectional title scheme at all, unless the scheme was specifically developed for retirement purposes.
From the trustees’ and body corporate’s perspective it is imperative that the common property is child safe. Pools should be fenced off and children under a certain age should not be allowed into the pool area without constant adult supervision. In addition, stairways and walkways above ground level should be sufficiently barricaded so as to prevent falls.
As mentioned, to avoid any issues later on it is best that you study the scheme’s rules prior to buying into a sectional title, this will avoid frustration and possibly even legal and financial costs later on.
The information in this article first appeared on Paddocks