The rationale for the imposition of non-financial obligations on apartment owners in a sectional title scheme
CITATION: Booysen, J. & Van Der Merwe, C.G. 2015.The rationale for the imposition of non-financial obligations on apartment owners in a sectional title scheme. Stellenbosch Law Review = Stellenbosch Regstydskrif 26(1):168-189.
The original publication is available at https://journals.co.za/content/journal/jlc_slr
The principal aims of sectional title schemes are to preserve the physical integrity and the pleasant appearance of the sectional title building and to strive for harmony in an intensified community where the individual units are physically interdependent and the residents are seldom completely homogeneous. Therefore, sectional owners are burdened with numerous financial and non-financial obligations in terms of the Sectional Titles Act 95 of 1986, the prescribed management and conduct rules and the common law concept of nuisance. This contribution examines the various non-financial obligations imposed on sectional owners relating to their sections, exclusive use areas and the common property. The examination of the content and rationale of each of these obligations indicates that the imposition of non-financial obligations on sectional owners are essential for preserving the physical integrity of the sectional title building and social harmony in an intensified sectional title community. Consequently, the surrender of freedoms inherent in the non-financial obligations imposed on sectional owners is a fair price to be paid for a well-preserved building and a contented and harmonious sectional title community.