Sectional title communities now make up around 15% of South Africa’s residential property market, according to Lightstone Property, and that number is steadily climbing. For many South African parents, these complexes are an increasingly attractive option, offering secure perimeter boundaries, communal amenities, and a built-in sense of community that supports family living.
The shift is also prompting a much-needed conversation about making these spaces more child-friendly without compromising harmony and order. A growing number of developments are embracing this change by incorporating play areas, green belts, and family-focused amenities from the outset. However, most also come with a set of rules that can directly impact how children play, move, and grow within these shared spaces.
Managing Agents often receive queries from body corporates looking to strike the right balance between upholding community rules and respecting children’s freedom to play and explore. Here’s a helpful guide to understanding how these rules affect parents and children and how to navigate them with confidence.
Why Rules Exist in Sectional Title Living
Living in a complex means co-owning and sharing common property like driveways, gardens, pool areas, and green spaces. To manage this cohabitation and prevent conflict, the Sectional Titles Schemes Management Act (STSMA) and the Conduct Rules set out by each body corporate are in place.
The STSMA (Act 8 of 2011) gives power to the body corporate to make and enforce rules, including those related to children’s use of common spaces. These conduct rules are registered with the Community Schemes Ombud Service (CSOS) and must be reasonable, fair, and enforceable.
While many rules are aimed at promoting safety and preserving peace and order, they can sometimes feel overly restrictive—especially for families with active, curious children.
While many of these rules are designed to promote safety, prevent property damage, and ensure peace among residents, they can sometimes feel restrictive.
Common Rules That Affect Families
Every complex is different, but here are some of the most common rules we encounter that can affect parents and children:
- No ball games in common areas are intended to prevent property damage or noise complaints but are often frustrating for children with limited space to play.
- Noise restrictions – complexes typically enforce quiet times, often between 10pm and 6am, which can be especially challenging during school holidays.
- No bicycles or skateboards on driveways or walkways to prevent accidents, but limit kids’ freedom of movement and play.
- Restricted access to amenities like pools and open spaces. Some complexes require adult supervision or limit the number of children per unit, which may inconvenience larger families.
These rules may feel like they’re stifling recreational joy, but many are designed with safety in mind and respect for other residents. It is important for parents to have a voice in shaping these rules, especially as more young families move into these types of homes.
How far can a body corporate go?
While a body corporate can regulate how common property is used, they cannot unreasonably prohibit children from using it. The Constitution of South Africa enshrines the rights of children, including the right to play, grow, and develop in a safe environment (Section 28). Any rule that completely prohibits children from playing in outdoor common spaces may be considered unreasonable and unconstitutional.
This was reflected in a 2015 case, Singh v Mount Edgecombe Country Club Estate Management Association, where the court ruled that community rules must be reasonable and may not arbitrarily infringe on residents’ rights. While that case involved road rules for golf carts and vehicles, the principle of fairness in complex rules still applies broadly.
Navigating the Balance: Tips for Parents
Here are some practical tips to help parents create a happy home environment while still respecting the rules of a community:
- Read the Conduct Rules Carefully
Before buying or renting in a complex, ask for a copy of the conduct rules and read them carefully. This will give you clarity on what’s expected and help you prepare your children too.
- Engage with the Body Corporate
If you feel a rule is outdated or unfair, don’t be afraid to raise it. The CSOS encourages residents to resolve disputes amicably, and many corporate bodies are open to revisiting rules if enough residents express concern.
- Propose Positive Solutions
Instead of objecting to a rule outright, propose solutions. For example, suggest creating a designated kids’ play zone or implementing quiet hours rather than a full ban on ball games.
- Educate Your Kids
Explain the rules to your children in a way they can understand. Empower them to be considerate neighbours and help them build respect for shared living from a young age.
- Know Your Rights
If you believe a rule is discriminatory or unfairly impacts your family, you can lodge a complaint with the Community Schemes Ombud Service (CSOS). Their mandate is to resolve disputes and ensure rules are fair and lawful.
Living in a sectional title community as a parent isn’t always easy, but it can be incredibly rewarding. With the right approach, a willingness to engage, and a shared understanding among neighbours, it’s possible to foster communities where children are happy and where everyone feels respected.
If you’re unsure about the rules in your complex or need help navigating an issue, get in touch with the Community Scheme Ombud Services. They are always there to help.
