Nothing beats a lekker braai on any occasion. There is something about the smell and taste of braai meat that is mouthwatering. One of the problems with braaing in a community scheme is that it can only be done on designated common property, where the scheme has braai facilities for residents, or on a balcony or garden of that unit. So, living in a community scheme can often be challenging to navigate starting a fire and braaing without creating smoke and fumes that quickly spread to your neighbours. This can be worse on hot summer days when most windows, front doors and sliding doors are open to get that nice fresh air but instead, you smell burning wood, or hot charcoal and let’s not get started on the paraffin fumes from the firelighters. Soon the fire smell is drowned out by that delicious smell of meat and wors. Braaing has a lot of benefits the most obvious being that — “They can take our electricity, but they will never take our braai.” South Africans love a good old braai and find several occasions to celebrate whether it’s watching a sports game, a birthday party or just celebrating the weekend. Braaing is certainly a strong part of our national identity. But what are the rules when you live in a sectional title or community scheme?
The Sectional Titles Schemes Management Act, Act 8 of 2011
Section 13(d) provides that an owner must “use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners or other persons lawfully on the premises”. Section 13(e) furthermore provides that an owner must “not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier of a section”.
The Regulations to the Sectional Titles Schemes Management Act, Act 8 of 2011
Prescribed management rule 30(e) provides that the body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not do anything to a section or exclusive use area that has a material negative effect on the value or utility of any other section or exclusive use area.
Insurance implications and rules
As fire is involved when braaing many insurers will not cover any losses suffered by a scheme caused by an open fire which places the scheme under pressure to uphold the terms of their replacement insurance policy. Trustees must understand the terms of the scheme policy and convey this information to all residents. The trustees can also amend the scheme rules to allow for specified rules around braaing, such as only allowing people to braai in designated areas and for charcoal to be used instead of wood. The trustees may also propose fines to be implemented if owners continually breach the rules around braaing.
People living in communal schemes are often living in very close proximity to one another. It therefore makes it crucial for every resident to ensure that they reasonably conduct themselves and ensure that the fire does not cause any harm or damage to the community scheme.