Eviction warning for South Africans living in complexes and sectional titles
Johlene Wasserman, Director of Community Schemes and Compliance at legal firm VDM Incorporated, provides crucial information for residents who are working from home.
Working from home has become a popular choice for employers and employees, especially since the COVID-19 pandemic.
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While it may seem like a simple enough practice, there could be serious consequences for employees who enjoy the work-from-home lifestyle.
Residents working from home must ensure they comply with the rules and restrictions set out by their body corporate, as well as the provisions of the Sectional Title Schemes Management Act.
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If there is any room for doubt or lines being crossed, residents could face eviction.
Johlene Wasserman tells BusinessTech that “quiet” work from home jobs tend to be tolerated and even overlooked by most body corporates.
Local and global remote work opportunities have seen a significant spike, and these work situations tend to be inconspicuous and unobtrusive to other residents in a sectional title scheme.
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Jobs that involve administrative tasks, design, writing, or consulting take place inside a unit and are not disruptive to the residential environment.
These jobs within a complex or sectional title scheme do not constitute “running a business”.
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However, for those whose work or business operations start spreading into common areas or become a nuisance, serious legal issues may be on the horizon.
Wasserman referred to a recent case heard in South Africa’s High Court in 2024, where the final ruling resulted in the tenant receiving an eviction notice.
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This ruling set a precedent and served as a harsh reminder that running a business from home within a sectional title scheme is regulated primarily 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, and the respondent’s arguments—about business use and property disputes—didn’t hold up legally.
Wasserman also states that: "As long as conduct rules are reasonable, apply equally to all owners, and are subject to approval by the Community Schemes Ombud Service to ensure they’re not undesirable, if you’re running a business without proper legal permission, the court can order you to leave—even if you’ve been there a long time or have personal ties to the place.”
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Signs that a resident is defying the rules include:
- Noise complaints
- An increase in foot and vehicle traffic
- Controlling visitor parking
- An online presence linked to the address
- Routine inspections by trustees
- Casual observations
To avoid confusion, body corporates are advised to make a clear distinction between working from home and running a business from a unit/property.
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Usually, rules are clear on a unit or property's intended use being for residential purposes, with conduct rules imposing restrictions on the scale and nature of home-based businesses.
This will help prevent disturbances and excessive traffic affecting other residents.
An example: complexes or estates might regulate or prohibit short-term rental setups, such as those facilitated by Airbnb and other similar businesses, in their conduct rules. A special resolution will have to be adopted in this circumstance.
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Wasserman's advice for those intending to work from home in a sectional title scheme:
- Check the body corporate’s conduct rules for any restrictions or prohibitions.
- Understand that conduct rules apply equally to all owners and must be reasonable.
- Realise that owners are responsible for ensuring compliance by tenants or visitors.
- Understand that any amendments to conduct rules require a special resolution and CSOS approval.
- Be aware of the fact that the body corporate may enforce rules and take action against non-compliance.
Following due process is crucial for success, as breaking these rules not only leads to strained relationships within the community but, on a more serious note, to legal action
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