Extract from the Sectional Titles Schemes Management Act
and the Prescribed Management Rules and Conduct Rules

Definition of owner

This clause determines who is responsible for the section and who is permitted to vote at a general meeting

(1) In this Act and the rules “owner”, in relation to a unit or a section or an undivided share in the common property forming part of such unit, means the persons in whose name the unit is registered at a deeds registry in terms of the Sectional Titles Act or in whom ownership is vested by statute, including the trustee in an insolvent estate, the liquidator of a company or close corporation which is an owner, the executor of an owner who has died, or the representative of an owner who is a minor or of unsound mind, recognised by law, and “owned” and “ownership” have a corresponding meaning;
(2) For the purposes of the definition of owner if a unit is registered in a deeds registry-
(i) in the names of both spouses in a marriage in community of property; or
(ii) in the name of only one spouse and forms part of the joint estate of both spouses in a marriage in community of property, either one or both of the spouses are considered to be the owner.

DUTIES OF OWNERS
STSMA 13. (1) An owner must—
(a) permit any person authorised in writing by the body corporate, during reasonable hours and on notice (except in case of emergency, when no notice is required), to enter his or her section or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purpose of ensuring that this Act and the Rules are being observed; Owner must allow the BC to inspect the unit for maintenance of common property infrastructure, and to ensure that the Rules are complied with, especially things like pests, pets, leaks, cracks, alterations, installations and occupancy
(b) forthwith carry out all work that may be ordered by any competent authority in respect of his or her section, other than such work as may be required for the benefit of the building generally, and pay all charges, expenses and assessments that may be payable in respect of his or her section; Must pay all rates and refuse bills to council, and all contributions (levies), CSOS fees and electricity accounts to BC
(c) repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition; Obligation to look after the unit and any garden
(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; For example: Not misbehave, park badly and make unreasonable noise on the common property or inconvenience others in the estate
(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; Not inconvenience others in the estate by, for example playing loud music or being unreasonably noisy in the unit
(f) notify the body corporate forthwith of any change of ownership or occupancy in his or her section and of any mortgage; and
Owners must advise BC of all changes regarding who is staying in the unit

PMR 30. USE OF SECTIONS and COMMON PROPERTY

The body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not-
(a) use the common property so as to unreasonably interfere with other persons lawfully on the premises, in breach of section 13(1)(d) of the Act;
(b) use a section or exclusive use area so as to cause a nuisance, in breach of section 13(1)(e) of the Act;
(c) contravene the provisions of any –
(i) law or by-law relating to the use of a section or an exclusive use area; or
(ii) conditions of a license relating to use of the building or the common property, or the carrying on of a business in the building; or
(iii) conditions of title applicable to sections or exclusive use areas;
(d) make alterations to a section or an exclusive use area that are likely to impair the stability of the building or interfere with the use and enjoyment of other sections, the common property or any exclusive use area;
(e) do anything to a section or exclusive use area that has a material negative affect on the value or utility of any other section or exclusive use area;
(f) subject to the provisions of section 13(1)(g) of the Act, use a section or exclusive use area for a purpose other than for its intended use as –
(i) shown expressly or by implication on a registered sectional plan or an approved building plan ;
(ii) can reasonably be inferred from the provisions of the applicable town planning by-laws or the rules of the body corporate; or
(iii) is obvious from its construction, layout and available amenities;
(g) construct or place any structure or building improvement on an exclusive use area which in practice constitutes a section or an extension of the boundaries or floor area of a section without complying with the requirements of the Act and the Sectional Titles Act; provided that the body corporate may by ordinary resolution –
(i) give consent for such a structure or building improvement, if they are satisfied that it does not require compliance with such requirements;
(ii) prescribe any reasonable condition in regard to the use or appearance of the structure or building improvement; and
(iii) withdraw any consent if the member or other occupier of a section breaches any such condition.

31. OBLIGATION TO MAINTAIN
(1) Notwithstanding that a water-heating installation forms part of the common property and is insured by the body corporate, a member must maintain, repair and, when necessary, replace such an installation which serves that member’s section or exclusive use area; provided that where such an installation serves sections owned or exclusive use areas held by more than one member, the members concerned must share the maintenance, repair and replacement costs on a pro-rata basis.
(2) If despite written demand by the body corporate, a member refuses or fails to –
(a) carry out work in respect of that member’s section ordered by a competent authority as required by section 13(1)(b) of the Act; or
(b) repair or maintain a section owned by that member in a state of good repair as required by section 13(1)(c) of the Act;
and that failure threatens the stability of the common property, the safety of the building or otherwise materially prejudices the interests of the body corporate, its members or the occupiers of sections generally,
the body corporate must remedy the member’s failure and recover the reasonable cost of doing so from that member; provided that in the case of an emergency, no demand or notice need be given to the member concerned.