As an owner in a sectional title scheme, it’s essential to understand your rights and responsibilities. One critical aspect is the issuing of fines, which can often be unfair or unjust. In this article, we’ll explore the rules surrounding fines, what constitutes unfair fining, and the options available to owners when faced with such situations.

The Rules Surrounding Fines

According to the Sectional Titles Schemes Management Act (STSMA) of 2011, fines can only be imposed on owners or occupants who have contravened the scheme’s rules. However, before a fine can be issued, the following procedures must be followed:

1. Written Warning: A written warning must be issued to the owner or occupant, specifying the rule that has been breached, the nature of the breach, and a reasonable time to remedy the breach.
2. Reasonable Time to Remedy: The owner or occupant must be given sufficient time to correct the breach or stop the offending conduct.
3. Failure to Comply: If the owner or occupant fails to comply with the written warning, the body corporate may impose a fine.

Unfair Fines: What Constitutes Unfair Fining?

Unfair fining occurs when the body corporate or trustees fail to follow the correct procedures or impose fines arbitrarily. Examples of unfair fining include:

• Issuing fines without written warnings
• Imposing excessive or unreasonable fines
• Failing to provide a reasonable time to remedy the breach
• Targeting specific owners or occupants unfairly

Options Available to Owners

If you’re facing an unfair fine, there are several options available to you:

1. Dispute the Fine: Write to the body corporate or trustees, disputing the fine and explaining why you believe it was unfairly issued.
2. Request a Hearing: Request a hearing with the body corporate or trustees to discuss the fine and the circumstances surrounding it.
3. Seek Assistance from the CSOS: Contact the Community Schemes Ombud Service (CSOS) for assistance in resolving the dispute.
4. Take Legal Action: As a last resort, you may need to take legal action against the body corporate or trustees.

Trustees Who Live in the Same Complex

It’s essential to note that the same rules apply to trustees who live in the same complex. Trustees who are also owners or occupants must comply with the scheme’s rules and regulations, just like any other owner or occupant.

In fact, the STSMA requires trustees to disclose any conflicts of interest and to avoid using their position for personal gain. This means that trustees who live in the same complex must be particularly careful to avoid any perception of bias or favoritism.

Conclusion

As an owner in a sectional title scheme, it’s essential to understand your rights and responsibilities when it comes to fines. By knowing the rules surrounding fines and the options available to you, you can protect yourself from unfair fining and ensure that the scheme is managed fairly and transparently.

Ad: Please take a moment to review Bathamaga Property on Facebook, Google, and Hellopeter. We appreciate your feedback because it helps us to grow.