Many in sectional title schemes may be wondering whether current rules being used by their schemes remain in force now that the Sectional Title Schemes Management Act (STSMA) has come into effect. 

The answer is simple, says Michael Bauer, General Manager of property management company IHFM, if the developer or body corporate had implemented or changed any of their rules prior to 1st  June 1988, then they remain in force -  as long as they do not clash or contradict any prescribed new management regulations in the STSMA. 

The Act states that properly constituted rules that were altered under the ST Act are considered to be valid under the new legislation as well.  Pre-existing rules that were changed to suit particular schemes remain and continue to remain in force and will be supplemented by corresponding rules in the conduct rules and the STSMA. 

However new bodies corporates being formed must comply with the new regulations, management, administration, use and enjoyment of sectional and common property within their scheme, says Bauer. 

Newly formed corporates must first send their management and conduct rules to the Chief Ombud of the Community Schemes Ombud Service (CSOS), who will examine and approve the rules of each scheme.  Changes to any rules in sectional title schemes must also first be submitted to CSOS to approve before being issued with a certificate, which should be kept within a central file with a copy of the rules.  

“Evaluating and receiving certificates of rules might take some time to process, so bodies corporate should submit these for assessment as early as possible, to avoid delays in the implementation of any changes,” advised Bauer.

The new Community Schemes Ombud Service (CSOS) has offices nationally.