PROPERTY NEWS - The Sectional Title Schemes Management Act is a breath of fresh air for residents that are bothered by their neighbour's smoke.

Living in close proximity to neighbours, which is what sectional title living often entails, can sometimes bring situations to the fore that might seem trivial to some, but might affect some more seriously than others think.

Smoking and braaiing are perfect examples of contentious issues that divide people into very opposing factions. 

These activities can affect neighbours negatively, while those taking part in the activity don't realise just how negative the impact can be, says Michael Bauer, general manager of the property management company IHFM.

For example, when people go outside to smoke at a party, or if a couple hosts a braai on their balcony, the smoke will waft upwards - compromising the enjoyment the occupants upstairs can have from the use of their balcony. The cigarette or braai smoke could even go through the upstairs windows into the apartment, and could create an unpleasant environment for anyone upstairs. This is why sectional title schemes often ban smoking or braaiing on balconies - not to be unreasonable, but to consider all the occupants within the scheme.

Rule 30(e) of the Sectional Titles Schemes Management Act states, under the section dealing with the use of sections and common property, that anything causing a "material negative effect" on the value or utility of any other section or exclusive use area, is prohibited.

If one owner had to bring a complaint against another owner, there are a number of things that need to be considered: the negative effect of the smoke, the frequency of the events, the number of people smoking, whether the person affected has a health condition which could be worsened by being exposed to smoke, and so on.

As in many subjective situations, says Bauer, the Ombudsman will determine whether the complaint or defence is "reasonable" or not. However, before any case is taken to the Ombud, there should be some attempt to resolve disputes within the scheme first.

It should be kept in mind that living in a sectional title scheme has limitations on one's behaviour, says Bauer. Each action, and how it affects others, will have to be considered.

Article: www.privateproperty.co.za

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