Managing Smoking in Community Schemes: Guidelines for Sectional Title Complexes and Homeowners Associations
At Solver Property Services, we understand that smoking can be a contentious issue in community schemes. Whether you live in a sectional title complex or a homeowners association (HOA), it’s important to know the rules and regulations that govern smoking to ensure a harmonious living environment for all residents.
Sectional Title Complexes
Legal Framework
In South Africa, smoking tobacco products is regulated by the Tobacco Products Control Act (TPCA), which governs smoking in public places, defined as any indoor, enclosed, or partially enclosed area open to the public. While it may not be enforceable to prohibit smoking within individual units, it’s crucial to understand that smoke (whether from tobacco, cannabis, vaping, or braaiing) can travel and affect common property or other sections within the scheme.
Rights and Responsibilities
The Sectional Titles Schemes Management Act (STSMA) outlines the responsibilities of owners and occupants:
- Section 13(1)(d): Owners must use and enjoy the common property in a manner that does not unreasonably interfere with others' use and enjoyment.
- Section 13(1)(e): Owners must not use their section or exclusive use area in a way that causes a nuisance to other occupants.
If second-hand smoke becomes a nuisance, residents should first check the scheme’s conduct rules regarding smoking. If no rules exist, the body corporate can be requested to implement reasonable regulations to address the issue.
Body Corporate Obligations
Under prescribed management rule 30, the body corporate must take reasonable steps to ensure that:
- The common property is not used in a way that unreasonably interferes with others.
- Sections or exclusive use areas are not used to cause a nuisance.
If disputes arise, residents can approach the Community Schemes Ombud Service (CSOS) for resolution through conciliation or adjudication.
Homeowners Associations (HOAs)
Legal Framework
In HOAs, the rules regarding smoking are typically outlined in the Memorandum of Incorporation (MOI), constitution, or conduct rules. These documents govern the behaviour of residents and ensure that the community standards are maintained.
Rights and Responsibilities
Like sectional title schemes, HOA residents have rights and obligations to ensure that their actions do not negatively impact others:
- MOI and Constitution: These documents may contain specific provisions regarding smoking and its regulation within the community.
- Conduct Rules: These rules can be established to manage smoking and prevent it from becoming a nuisance.
Board of Directors Obligations
The HOA’s board of directors is responsible for enforcing the rules and ensuring that smoking does not cause a nuisance or negatively impact the community. If necessary, the board can implement additional rules or regulations to address smoking-related issues.
Dispute Resolution
Residents can bring disputes to the HOA board for resolution. If the issue cannot be resolved internally, residents may seek assistance from external bodies such as the CSOS.
Applicable to Both Sectional Title Complexes and HOAs
General Guidelines
- Communication: Open communication between residents can often resolve smoking-related issues amicably.
- Legal Recourse: If internal resolution fails, residents can approach the CSOS for dispute resolution.
Disclaimer: Please note that the information provided in this article is for general informational purposes only. It is not intended to be comprehensive, provide legal advice, or assist Community Schemes in fulfilling their fiduciary duties.
Solver Property Services is one of the leading property managing agent companies in South Africa, successfully managing community schemes since 2005. Whether it’s high-rise sectional title buildings, Homeowners Associations, share blocks, or apartments, we handle it all. For more information, please contact us at 010 822 2882. Solver Property Services has a team of experienced Property Managers / Managing Agents ready to assist you.
