When you have to deal with a difficult neighbour or disturbance (Sectional Title)
Category Property Tips
While most neighbours are pleasant and law abiding, there are instances when you have to deal with unpleasant neighbours or situations.
The law is clear that everybody is entitled to enjoy the ordinary comfort and convenience of their home and that you must live and occupy property within the ambit of local by-laws and broader property laws and rights. If this is not the case, then you may have to take action to protect your rights.
Sectional title schemes generally have strict conduct rules pertaining to use of the common property, noise and other disturbances. Generally, they recommend that you get to know your neighbours as it is harder to be a nuisance when you know your neighbours and easier to resolve issues.
If your neighbour is difficult or the problem persists, then you should follow the complaint resolution process provided for, usually with the managing agents as your first port of call. If however, it is an unusual problem such as a weekend party which continues unreasonably into the late night (beyond the deadline catered for), and the neighbour is unwilling to cooperate, then you could call Law Enforcement (contact details on the COCT website, www.capetown.gov.za, dealing with noise). Lay a case if it is a repetitive situation or consult with your lawyer for more serious legal action.
Other problems in complexes could relate to dogs barking incessantly. This falls within the ambit of "noise nuisance" which is usually enduring and disturbing. This type of noise is illegal at all times and enforceable at any time. Again, if speaking to the neighbour provides no resolution, lodge a complaint with the managing agents. If however, the problem persists, you can consult the COCT website for information about how to deal lodge a complaint with the city. If the matter is serious, you could also take legal advice.
Parking or vehicles obstructing driveways are another issue which sectional title scheme residents sometimes have to deal with. Again, the scheme's conduct rules should provide guidelines for parking. If you find neighbours who consistently have visitors who transgress parking rules, speak to them. If the problem however, persists, lodge a complaint with the managing agents.
Be sure to also participate in any complex meetings and attend the AGM to raise any concerns which may require enforcement or an amendment to the rules.
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Author: Gina Meintjes
