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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2461
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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We purchased a unit in a sectional Titles Complex. The Body

Customer Question

We purchased a unit in a sectional Titles Complex. The Body Corporate Rules of the complex says that NO safety gate may be placed on the exterior of any door. The complex had numerous break ins, and they broke into our unit through the front door. After the incident I contacted the managing agent and sent an urgent email requesting urgent permission from the trustees to install a security gate at my front door. At this point the managing agent told us telephonically that installing a gate should not be a problem as long as it is white and of a good quality. This incident caused immense trauma to my family and we felt very unsafe. We tried to contact them a few times, finally giving them an ultimatum saying that if they do not respond that we will go ahead and install the gate. We installed the gate within the next few days after the incident. Conduct rules are suppose to be reasonable. Can they have such an unreasonable rule?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Good afternoon,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a very interesting question. Have you had any complaints or notices from the BC to remove the security gate?

The rule states, if I understand correctly, that security gates are not allowed on the OUTSIDE of doors, which leaves the option open for you to install the gate on the inside of the door -ie. so that the security gate will not be visible from outside the unit, but will still provide you with the security you need.

This rule is not (in my opinion) unreasonable. Had the rule excluded all security gates you would certainly be able to attack the validity of the rule.

I hope this answered your question.

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Regards