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Sectional title corner – My neighbour’s kids are a nuisance

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Q

Last November I rented a unit in Ashford View, Radiokop, Johannesburg. From day one I experienced difficulties with the neighbour. Their son invites five or six friends on a daily basis and they play soccer. Obviously the ball hits my garage doors over and over again, and when the ball ends up in my garden they jump over the walls, and walk all over my garden plants to retrieve their ball. The chairman of the complex says this is all in order. Please advise as I’m at my wits end. – Genevieve

A

Hi Genevieve, you will have to look at the rules of the complex, and see if this behaviour is against the rules to know what kind of action can be taken.

Even if there is nothing in the rules the act still states the following:

Section 13

Duties of owners

  1. (1) An owner must—

(d) use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners or other persons lawfully on the premises;

(e) not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier of a section.


Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you


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Who is Karien Coetzee?

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.

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david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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