Community Scheme Insights: Cannabis, Short-Term Letting, and Nuisance

Solver Property Services recently hosted a complimentary training session for trustees, owners, and community scheme executives to unpack several complex and evolving issues affecting residential schemes earlier in the month.

The session proved to be both highly engaging and well attended, highlighting just how relevant these topics have become for modern community living. Because not everyone was able to attend, we have summarised the key insights and practical guidance from the evening below.

The Solver training was presented by community scheme legal specialist Dilen Heerschop of HP Attorneys, with support from the Solver Team. The discussion explored the legal framework around cannabis use, the realities of short-term letting platforms such as Airbnb, and the concept of nuisance within shared living environments.

Sessions like these form part of Solver’s ongoing commitment to supporting trustees and owners with practical knowledge and professional guidance.

Understanding Key Issues in Community Schemes – Opening Remarks

The session was introduced by Andre de Oliveira from Solver Property Services, who welcomed attendees and explained the purpose of the training.

Rather than debating personal opinions about certain activities, the focus of the discussion was on:

• Understanding what current legislation allows
• Helping trustees and managing agents navigate sensitive issues responsibly
• Providing practical solutions for managing community schemes effectively

The event also included live support from the Solver team and legal professionals who assisted with questions throughout the session.

Cannabis Use in Community Schemes

The Legal Framework

Cannabis use in South Africa is primarily regulated by the Cannabis for Private Purposes Act (2024).

In terms of the Act, an adult person may use, possess, or cultivate cannabis in a private place for private purposes, provided certain requirements are met.

Three key elements must be present:

1. Adult Person – The individual must be 18 years or older.
2. Private Place – Cannabis must be used or cultivated in a private environment.
3. Private Purpose – Cannabis may not be sold or traded.

Important Restrictions

Although cannabis use has been legalised under specific conditions, several limitations still apply.

Cannabis may not be used:

• In the presence of minor children
• In the presence of non-consenting adults
• In a way that is visible to the public
• Close to windows, entrances, or ventilation points where smoke may affect neighbours

These limitations become particularly relevant in high-density living environments such as sectional title schemes.

Cannabis in Sectional Title Schemes

Community schemes introduce additional layers of regulation.
For example, areas such as:

• Balconies
• Gardens
• Exclusive-use areas
  may still legally form part of common property, even though they are allocated to a particular unit
  owner.

Because of this, schemes may still regulate activities taking place in these areas through their conduct rules.

The Community Schemes Ombud Service (CSOS) has indicated that rules attempting to completely ban cannabis inside private units are generally considered undesirable.

However, schemes may regulate certain aspects such as:

• Use of cannabis on common property
• Cultivation in exclusive-use areas
• Behaviour that creates nuisance or disturbance

Trustees may also enforce conduct rule fines where applicable.

Enforcement Options

When cannabis use becomes problematic within a scheme, different remedies may apply depending on the circumstances.
Criminal Conduct

Certain activities may constitute criminal offences, such as:

• Dealing in cannabis
• Using cannabis in front of children

These matters may be referred to SAPS.

Conduct Rule Violations

Where the issue relates to scheme rules (for example, smoke affecting neighbouring units), trustees may implement:

• Warnings
• Conduct rule fines
• Internal dispute procedures

Nuisance Complaints

If the behaviour becomes intolerable, owners may pursue legal remedies under nuisance law.

Short-Term Letting in Community Schemes

Short-term letting platforms such as Airbnb have become increasingly popular among property investors.

While they offer income opportunities for owners, they can also raise concerns for residents regarding:

• Security risks
• Noise and disturbances
• High tenant turnover

This has created ongoing debate within many community schemes.

CSOS Guidance on Short-Term Letting

CSOS has identified certain rules as undesirable, including:

• Rules forcing owners to use a specific rental platform
• Rules requiring owners to use a specific estate agent

Owners remain free to choose how they market their property.

What Schemes Are Allowed to Regulate

Despite these restrictions, schemes may still implement reasonable management controls.

Minimum Lease Periods

Schemes may introduce minimum lease periods of up to three months.

This can help reduce:

• Weekend party-type rentals
• Constant turnover of unfamiliar occupants

Security and Registration

Trustees may also introduce administrative requirements such as:

• Tenant registration processes
• Access control procedures
• Conduct rule compliance requirements

In terms of scheme management rules, the body corporate must keep records of tenants including:

• Full names
• Identity or passport numbers
• Contact details
• Residential addresses

These measures help maintain security and accountability within the scheme.

The Concept of Nuisance

Many disputes within community schemes ultimately fall under the concept of nuisance.

In simple terms, nuisance occurs when a person uses their property in a way that unreasonably interferes with the rights of others.

The guiding principle is often described as:

“Live and let live.”

However, determining what constitutes nuisance is not always straightforward.

The courts assess several factors when evaluating nuisance, including:

• The proximity of neighbouring properties
• The frequency of the disturbance
• The time and duration of the interference
• The nature and extent of the harm caused
• The reasonableness of the conduct in the circumstances

In essence, the law weighs the gravity of the interference against the utility of the activity to determine whether it should be tolerated.

Practical Advice for Trustees

Where nuisance complaints arise, legal experts advise trustees to avoid immediately escalating matters to litigation.

Instead, schemes should first consider:

• Engaging both parties in discussion
• Exploring practical solutions
• Gathering objective evidence if the problem persists

A structured and measured approach significantly improves the chances of resolving disputes successfully.

Key Takeaways

The training highlighted several important realities for modern community schemes:

Cannabis is legal — but regulated

Owners may use cannabis privately, provided they comply with the law, scheme rules, and nuisance principles.

Schemes cannot completely ban cannabis inside private units

However, behaviour that affects neighbours or common property may still be regulated.

Short-term letting cannot be entirely prohibited

But schemes may introduce reasonable rules such as minimum stay periods and tenant registration requirements.

Security and proper management remain essential

Clear rules, tenant records, and effective governance help maintain stability within schemes.

Final Thoughts

Community schemes operate on a delicate balance of shared living, individual rights, and mutual respect.

As legislation evolves and new challenges arise, informed trustees and proactive management remain essential to maintaining harmony within residential communities.

Solver Property Services remains committed to supporting trustees and owners through education, professional guidance, and practical management solutions — and we look forward to hosting more training sessions like this in the future.