Question:
I am an owner in a sectional title building. I have received a warning letter saying that my son has been 'seen' playing outside by the body corporate, disturbing the neighbours and disregarding the rules.

This is not true. I have said so in an email to the trustees, to which I received no response.

This smacks of victimisation and I am really upset about this. I specifically keep him indoors (he is 13) as the other kids are really unruly.

What are my rights here?

Answer:
In terms of section 44(1)(d) of the Sectional Titles Act 95 of 1986, every owner in a sectional title scheme, and the persons she allows to occupy her section, has a duty to use and enjoy the common property in such a manner as to not unreasonably interfere with the use and enjoyment thereof by other owners or other persons lawfully on the premises.

In light of the above your son is entitled to play and use the common property in a reasonable manner, but is not allowed to disregard the rules of the scheme or to cause a nuisance to the other owners and residents.

If your son is not disregarding the rules or causing a nuisance then you shouldn’t be concerned about the warning letter that you have received. Perhaps there has been a misunderstanding.

Whether or not there is victimization going on an outsider cannot say, but I would suggest that you put your emotions aside and focus on the facts when you write or talk to the trustees or managing agent about the warning letter you have received.

You do not need to declare a dispute with the body corporate and institute arbitration proceedings at this stage as the trustees have not taken any formal action against you and therefore any formal action from your side would be premature.

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