Grant Smee, Managing Director of Only Realty and Founder of EPiC South Africa has been watching various arguments around movement within Sectional Title Schemes and Homeowners Associations unfold with interest.  

“I’ve been asked for commentary around the various restrictions imposed under the Disaster Management Act and while we would all love to walk our dogs and entertain our kids outdoors, the law applies to all of us”. 

“I am not an attorney, nor am I a self-professed expert in Sectional Title and Home Owners Association law, but I have logical thinking, intelligence, the ability to think beyond my own selfish wishes, and a relative understanding of the crisis we are currently experiencing,” he elaborates.

Smee shares the facts: “We are in for a tumulus time in the coming weeks. The Community Scheme Ombud and SAPS have both indicated that the same regulations do apply for a scheme or HOA.  This means, that no one should leave the perimeter of their property, regardless of what your body corporate says”.

Smee says that many feel as though the lockdown has ‘infringed on their rights’ and this couldn’t be further from the truth. “Consider the bigger picture here. While sectional title experts and attorneys may tell you that regulations don’t apply to gated communities, the reality is that regulations extend beyond your human right for freedom and the government has imposed strict restrictions around movement -everywhere”.

These regulations come right to the edge of the section or erf of your property and government has the right to do impose this under the current conditions. “It applies equally and as such, no matter where you live, it applies”. 

Smee cautions sectional title schemes against the idea that their vote ‘counts’. “I’ve heard of homeowners voting on lockdown restrictions, this is blatant negligence and undermines our government, society and our constitution,”. 

“I appeal to everyone - use your common sense, logic, sense of responsibility, humanity and love for our country - please stay at home, do it for your family, do it for you, do it for South Africa.  The hard times are coming.  Our President’s brave and proactive response to the pandemic was not optional, but it has given a false sense of security.  The next four weeks are going to be some of the most important weeks this country has ever had.”