OVERCROWDING – PART 1

In the previous series of newsletters, we looked at improvements to the common property of a scheme.

In this new series, we are going to look at overcrowding in a section.

There is currently neither national nor local legislation in place to specifically limit the maximum occupancy of units in residential sectional title schemes.

The Occupational Health and Safety Act 85 of 1993 does give some guidance to the occupancy of commercial properties such as bed & breakfasts or guesthouses but what about residential schemes?

What could possibly be worse than a lovely scheme in an upmarket area, housing mainly families with school-going children and young professional couples, suddenly finding itself facing the dreaded spectre of an overcrowded commune of university students living together in one section. Nights of ear splitting music and raucous parties in the common property area, and a steady stream of young individuals filled with the joy that only a first year away from parent discipline can bring!

From the above example it is clear that from a noise nuisance, wear and tear and health and safety perspective setting down a maximum occupancy limitation in a body corporate is a necessary step.

Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title

In Part 2 of this newsletter we will look at how Conduct Rules can be used to limit and control occupancy thresholds.