Question posted in the Property Law category relating to Gauteng
Hi, I rent an apartment in Illovo. I want to know what my rights to social distancing are amidst a pandemic.
There was a burglary a few months ago and the trustees decided not to allow delivery drivers to the door - we instead have to go downstairs to collect goods. This exposes us to the risk of COVID. Can I challenge them on this? What rights do I have?
I have already discussed this with them and they have concluded to maintain this rule.
Answer to the Question
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow-up questions in order to clarify your question. If you have a new question, you must please open a new thread.
I assume that what the trustees have done is in terms of a HOA / Body Corporate rule which has been adopted. The first thing to do is to query if it is a rule, and if so, whether the rule was adopted by the Trustees correctly.
In other words, whether they have the powers to create and enforce rules, or whether the rules need to be voted on by the members of the HOA / Body Corporate before the rules can be given effect to.
In order to determine this, you'll need to look that the HOA / BC's constitution or founding documents. That's where the powers exist.
If the rules were validly passed and adopted, then unfortunately your only course of action will be to apply to the High Court to set the rules aside on the basis that they are an unjustifiable limitation on your constitutional rights.
Otherwise, there is nothing that you can do.
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