An essential tool for avoiding conflict in Community Scheme Living.

Part of the success of a community scheme involves the residents treating one another with courtesy and respect, holding one another, as residents living in close proximity, accountable for following and adhering to the scheme’s management and conduct rules, which should create a sense of security, safety and belonging to those that live in the community scheme.

The body corporate, through the combined co-operation of the residents and the trustees living in a community scheme and with the assistance and guidance of the managing agent, should endeavour to build a tolerant and respectful environment that ensures safe and respectful attitudes in the community scheme between all the residents.

Developing a tolerant attitude requires a shift in our thinking from one of rushing to judgement regarding the behaviour of others, to one of having an open mind to try to understand the reasons and rationale behind the behaviours that may trigger our emotional response. Developing such tolerance also require us to be open to question our own inherent opinions, beliefs and even prejudice, especially in the way we may express our dissatisfaction, that in stressful situations often manifests in a lack of self-restraint and upset rather than a rational response.

Tolerance in community schemes in both a sectional title scheme or a homeowners’ associations requires a delicate balance between a resident exercising what they consider to be their rights as an owner or a tenant, and respecting the rights of ones’ neighbours to the peaceful enjoyment of their property and the common property as is legislated in scheme conduct rules.

Building a tolerant attitude towards others is usually a balancing act of our emotions and even prejudices that we should exercise daily in our interaction with others, that allows for the us to:

• Examine and take ownership of our feelings and the triggers that cause how we react to situations.

• Pause before reacting and to rather try to understand the cause of our own unhappiness and a curiosity as to how we can better understand and accept those with whom we live in community.

• Try to understand the causes of other residents’ behaviours from their perspective and to see where they are coming from that

• Develop a healthy respect for the rights and choices of others even when I may not agree with them, and to address any situations that may cause conflict with courtesy and respect.

With residents of a community scheme practising tolerance towards one another when done in conjunction with adherence to and enforcement of the scheme rules by the scheme executives, this should ensure that all residents of the scheme, be they owners or tenants, can use both their own home living spaces and the communal common property without unreasonable interference, noise, or nuisance from others living in the scheme. This includes the inherent right to privacy and exclusive possession of their private living space, free from harassment or unruly behaviour by other residents.

Residents in a community scheme share common property and live in close proximity to one another, where to some degree a “live and let live” approach is necessary, requiring a certain level of endurance of routine noises and minor inconveniences and developing a healthy attitude of tolerance will result in the long term with one being able to better enjoy the benefits that community living offers.

There is always a balancing act in a well-run community scheme between the behaviours of residents and the what the scheme rules allow, where the benchmark for acceptable behaviour is whether a behaviour is unreasonable and /or constitutes causing a “nuisance” (In Sectional Title schemes this is covered by STSMA Section 13.1.d and 13.1.e). This nuisance or unreasonable behaviour may be a single or a repeated action that materially interferes with another owner’s use and enjoyment of their private living space or the common property of the community scheme.

A scheme must ensure that their CSOS approved conduct rules covering behavioural issues, especially those regarding pets, parking and people, that are unreasonable for their particular scheme, are clear and concise in their wording without ambiguity, and are legally enforceable.

Residents may have to a tolerate reasonable levels of everyday noise or disturbance by other residents that come with living in a high-density close proximity area but not if the behaviour is extreme, constant, or unreasonable and which interferes with a residents health, well-being or comfort in their own home or when using the common property areas . This could include the constant barking by dogs, excessive, loud music or parties, or the unreasonable use of garden implements or building tools, smoke from braais / open fires / or smoking.

When residents’ tolerance thresholds are breached leading to a dispute, the scheme executives should be notified of any breach of the scheme’s rules. The scheme executives should attempt to follow an amicable pathway to a resolution that satisfies all the parties concerned, where rules must be enforced fairly and equally.

It may be best depending on the circumstance that direct confrontation be avoided but that any transgressions of the scheme’s rules are recorded as to the loudness, frequency, and duration of the nuisance to present as evidence if needed.

In community scheme living one cannot choose one’s neighbours. Fellow residents or for that matter their visitors but having a tolerant attitude and maintaining a calm measured response in the face of any unreasonable nuisance or discomfort experienced will go a long way to ensuring that one is able to live in relative peace and harmony with your fellow residents.

Andrew Simpson