People working from home in a complex or sectional title unit must ensure that they toe the line and abide by the rules of their corporate body, else they can face eviction. This is the warning from Johlene Wasserman, director of community schemes and compliance at VDM Incorporated, a law firm in Gauteng.

An increase in foot and vehicle traffic, noise complaints, monopolising visitor parking, routine inspections by trustees, casual observations, and an online presence linked to an address are all indicators that someone might be running a business in a sectional title complex.

Wasserman pointed out that the Covid-19 epidemic triggered a significant uptick in South Africans turning their living spaces into workplaces, spotlighting the complex relationship between entrepreneurship and the body corporate rules that govern the use and enjoyment of sections and common property.

Wasserman warns that while this trend shows little sign of abating as people seek ways to supplement their incomes during the economic downturn, they often overlook the fact that these rules are legally enforceable. Ignoring them can lead to fines and eviction orders.

Citing the Dlamini v Gumede and Others case heard in the high court last year, Wasserman noted that the final ruling resulted in an eviction order for the tenant, serving as a reminder that running a business from home within a sectional title scheme is regulated by the body corporate’s conduct rules.

The judge ruled that occupation was unlawful under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), and the respondent’s arguments regarding business use and property disputes did not hold up legally.

Wasserman explains that the distinction between remote work and running a business from home depends partly on the intended use of the property. Conduct rules may impose restrictions on the nature and scale of home-based businesses to prevent disturbances and excessive traffic that could affect other residents.

For instance, short-term rentals like Airbnb may be regulated or prohibited by conduct rules adopted via a special resolution due to their potential negative impact on the security and enjoyment of common property. Conversely, quiet remote work—such as online consulting, writing, design, or admin tasks—is generally permitted in residential sectional title schemes, provided it doesn’t disturb others or alter the residential character of the property.

Furthermore, the unit owner is responsible for ensuring tenants comply with the conduct rules as outlined in the Sectional Title Schemes Management Act (STSMA). This places the burden on members to ensure compliance by tenants or occupants with conduct rules, and amendments to these rules require a special resolution.

For anyone intending to work from home in a sectional title scheme, Wasserman advises that they check the body corporate’s conduct rules for any restrictions. It must also be understood that conduct rules apply equally to all owners and must be reasonable. According to her, it must be realised that owners are responsible for ensuring compliance by tenants or visitors. Wasserman also cautioned that amendments to conduct rules require a special resolution and CSOS approval.

Ultimately, while administrative work is often tolerated, any activity that disrupts the residential character or breaches scheme rules can be legally challenged. Owners are encouraged to consult the body corporate’s CSOS-approved conduct rules and engage with trustees to ensure compliance before starting any home business, she advises.

zelda.venter@inl.co.za

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