Sect. title overcrowding: What to do

Following on from our previous article, which addressed the implications of short-term leases during the World Cup, we now consider issues relating to overcrowding of a section and the possible implications and prevention thereof.

Again this is a sensitive topic as an owner may feel victimised if accused of overcrowding in their unit. And again the question of proof arises; as does the issue of permanence. Can the trustees prove that the alleged overcrowding is a permanent situation or are the occupants merely “family friends from overseas”?

One has to tread carefully in these circumstances and although the trustees must stand firm in all contraventions of the conduct rules, it is also important that they are not seen as bullies.

The residents/occupants of a scheme should be aware of the repercussions and possible dangers that may result from overcrowding; wear and tear of the security gate and security system; the increase in electricity and water consumption; an increase in the number of vehicles parked on the property and the possible noise disturbance caused by too many occupants in a section.

Each of these may necessitate the imposition of a special levy to cover the necessary costs. And we all know the reaction to special levies! Bear in mind too that a higher insurance premium could also be added.

The best preventative measure to avoid overcrowding from happening in the first place is to limit the number of occupants per section in the scheme’s conduct of rules.

For example, specify that a two-bedroom unit is occupied by maximum three adults or two adults and two children. We have added clauses to this effect in the rules of many schemes. It works, simply because a contravention of this rule, as with all conduct rules, allows for the transgressor to be taken to arbitration (in terms of PMR 71) and this, in most cases, is an effective deterrent.

Another hot tip is to investigate the by-laws relating to sewerage outlet pipes of a unit. Usually, the municipality will stipulate the number of persons allowed to utilise one outlet. We have sorted out many disputes relating to overcrowding on this basis. This provision should also be included in the conduct rules.

Prevention is your best defense and with four months until the World Cup there is ample time to update your conduct rules and to file them with the relevant Deeds Office in order to be enforceable.

Marina Constas is a specialist sectional title attorney and director at BBM Attorneys.

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