Funerals in a sectional title context primarily concern funeral arrangements for a deceased owner or resident, which are governed by the normal laws and regulations for deceased estates and cemeteries, rather than the sectional title rules themselves.
Key aspects include reporting the death to the Master of the High Court, the executor’s responsibilities for managing the deceased’s property and debts within the scheme, and obtaining the necessary burial orders and permits from the relevant authorities.
Key Steps and Considerations for spouses or family members:
The estate must be reported to the Master of the High Court within 14 days of death.
The Master of the High Court will appoint an executor to manage the deceased’s estate, including the sectional title unit.
The executor is responsible for paying outstanding levies and other financial obligations associated with the unit, and handling any tenants.
A burial order is required from the local authorities to allow for the burial or cremation of the deceased.
Funeral arrangements are handled by the family or the executor, ensuring compliance with the deceased’s will or wishes and relevant funeral by-laws.
Inform the body corporate of the death so they can manage any immediate issues related to the unit or common property.
Contact the local municipality or cemetery office for information on burial procedures, fees, and any specific requirements for the burial or cremation, and the associated permits.
Manages funeral arrangements, including the burial or cremation, and pays the associated costs.
Appoints the executor to wind up the deceased’s estate.
Responsible for issuing burial orders and managing cemeteries.
Let’s elaborate a little more on the responsibilities and/or involvement of the Body Corporate should a reception or wake in a Sectional Title Community Scheme in particular: The body corporate plays a role in managing affairs related to the deceased’s unit and its shared responsibility in common areas, but not in the funeral service itself.
A funeral reception can be held in a sectional title property, such as a unit, an exclusive use area, or even common property, provided the body corporate rules, allow for it and it doesn’t interfere with other owners’ rights.
Check the body corporate’s conduct rules and management rules to see if they allow for functions or gatherings.
Inform the trustees of the body corporate about your plans to host the reception. They are responsible for ensuring that the rules are followed and that any potential issues are addressed.
Ensure the reception complies with all applicable Municipal by-laws.
If the reception is held in a common area, you must ensure it is used appropriately and does not disrupt other residents.
Be mindful of other unit owners’ privacy and their right to quiet enjoyment of their properties.
Keep noise levels reasonable to avoid disturbing neighbours, especially given the sensitive nature of the event.
Ensure the area is cleaned thoroughly after the event, especially if it was held on common property.
Report any damage or potential contamination that may have occurred to the body corporate or trustees.
If the deceased owner had an exclusive use area assigned to their unit, the reception might be held there, provided the rules for that area permit it.
The trustees have the authority to grant or deny permission for events, as long as their actions are reasonable and based on the scheme’s rules.
Address: Fourways Golf Park, Roos Street, Mowbray House, Sandton.
