1. Overview
This toolkit provides trustees with guidance on reviewing, managing, and updating scheme rules related to work-from-home and business activities. It offers practical templates, legal context, and implementation strategies aligned with constitutional rights, municipal by-laws, and best practices in community scheme governance.
2. Why This Toolkit Is Necessary
Since the COVID-19 pandemic, home-based work has become a long-term feature of residential living. Many schemes, however, enforce outdated rules that prohibit all business activity without distinction. These bans may be:
– Legally vulnerable under the Constitution and the Sectional Titles Schemes Management Act (STSMA).
– In conflict with municipal zoning by-laws which permit home enterprises.
– Practically unenforceable and overly broad, failing to distinguish low-impact activities from disruptive ones.
This toolkit equips trustees to adopt a fair, legally sound, and enforceable approach.
3. Legal Framework
**Sectional Titles Schemes Management Act (STSMA):**
– Conduct rules must be reasonable and align with the peaceful use and enjoyment of all sections.
– Prescribed Conduct Rule 5 supports reasonable use provided it does not interfere with others.
**City of Johannesburg Municipal By-Laws (and similar elsewhere):**
– Allow limited home businesses in residential zones, provided there is no signage, noise, or increased traffic.
**Constitutional Principles:**
– Section 22: Freedom to choose one’s occupation.
– Section 25: Right to property.
– Section 10: Right to dignity and economic participation.
5. Sample Rule Amendment
**Rule: Business and Work-From-Home Activities**
1. Owners and occupiers may conduct business or work-from-home activities in their unit, subject to municipal by-laws and provided they do not cause disturbance or hazard.
2. Limited client visits are allowed within the unit during normal business hours, provided they do not disrupt communal peace or parking.
3. Prohibited activities include signage, excessive noise, bulk deliveries, and use of common property for business.
4. Owners must notify Trustees of any such work. Trustees may request compliance details.
5. Disputes must follow the scheme’s resolution process or be referred to CSOS if unresolved.
6. Implementation Tips for Trustees
– **Education:** Host an owner/resident meeting to explain the new rule and its rationale.
– **Communication:** Distribute a summary of permissible activities and notification procedures.
– **Monitoring:** Deal with complaints based on impact, not merely the presence of work.
– **Consistency:** Apply the rule uniformly and use factual assessments (noise, traffic, security).
– **Documentation:** Keep a record of notified business activities for reference and future audits.
7. Communication Template (Owner Notification)
**Subject:** Notification of Work-From-Home or Business Activity
Dear Trustees,
I, [Name], residing at Unit [Number], wish to notify you of my intention to conduct the following work-from-home activity:
– Nature of work:
– Client visits (if any):
– Expected frequency of deliveries (if any):
I confirm that this activity will not impact communal areas or the residential character of the scheme. Please advise if additional information is required.
Kind regards,
[Name]
8. Further Resources
– Community Schemes Ombud Service (CSOS) Guidelines
– TVDM Consultants Articles and Videos on Conduct Rules
– City of Johannesburg Land Use Scheme (2018) or your relevant municipal planning framework
4. Trustee Decision-Making Matrix
| Activity Type | Example | Allowable? | Conditions |
| Remote/online work (e.g. designer) | Quiet consulting from home office | ✅ Yes | No signage, no clients on premises, no disruption |
| Therapist with 1-2 clients/day | Limited, by-appointment consultations | ✅ Yes | Low volume, during business hours, limited traffic impact |
| Hair salon from garage | Walk-in business with signage | ❌ No | Impacts parking, signage violates rules, not compliant with zoning |
| Admin business using courier | One delivery per day | ✅ Yes | Non-disruptive, no foot traffic |
| Catering with daily delivery | High foot traffic, deliveries | ❌ No | Disruptive, commercial scale, not residential in character |
BY MR WILLIE ROOS, CEO OF STRATAFIN
