Eviction warnings to South Africans who work from home

Experts warned that running a business from home in a complex can lead to eviction if it breaches body corporate conduct rules, which apply even when residents claim to be working remotely or supplementing their income.

South Africans who run a business in a sectional title complex may be under the impression that no one is aware of what they are doing.

However, VDM Incorporated director of community schemes and compliance Johlene Wasserman said that there are some dead giveaways.

These include an increase in foot and vehicle traffic, noise complaints. monopolising visitor parking, routine inspections by trustees, casual observations, and an online presence linked to the address.

“The Covid-19 epidemic triggered a significant uptick in South Africans turning their living spaces into workplaces,” she said.

This has spotlighted the complex relationship between entrepreneurship and the body corporate rules that govern the use and enjoyment of sections and common property.

“It’s a trend that shows little sign of abating as people look for ways to supplement their incomes in the current economic downturn,” Wasserman said.

“What they forget, however, is that the rules are not bureaucratic obstacles. They’re legally enforceable by the courts, which can impose fines and eviction orders, and if you disregard the rules, you could end up being evicted.”

Citing the Dlamini v Gumede and Others case heard in the High Court in 2024, Wasserman explained that the final ruling resulted in an eviction order for the tenant.

It also resulted in a precedent-setting reminder that running a business from home within a sectional title scheme is regulated primarily by the body corporate’s conduct rules.

“The judge ruled that occupation was unlawful under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), and the respondent’s arguments – about business use and property disputes – didn’t hold up legally,” she said.

“If you’re running a business without proper legal permission, the court can order you to leave – even if you’ve been there a long time or have personal ties to the place.”

This applies as long as conduct rules are reasonable, apply equally to all owners, and are subject to approval by the Community Schemes Ombud Service (CSOS) to ensure they’re not undesirable.

South Africans working remotely should be careful

According to Wasserman, the difference between remote work and running a business from home depends partly on the property’s intended use.

“Conduct rules may impose restrictions on the nature and scale of home-based businesses to prevent disturbances and excessive traffic that could affect other residents,” she said.

“For example, short-term rentals like Airbnb may be regulated or prohibited by conduct rules adopted via a special resolution because they could impact negatively on the security and enjoyment of common property.”

On the other hand, she said that quiet remote work – like online consulting, writing, design, or admin tasks – is generally permitted in residential sectional title schemes.

This is the case as long as the remote work does not disturb anyone or change the residential character of the property.

Wasserman added that the unit owner is responsible for ensuring tenants comply with the conduct rules in terms of the Sectional Title Schemes Management Act.

This Act places the burden on members to ensure compliance by tenants or occupants with conduct rules. It requires a special resolution for amendments to the conduct rules.

For South Africans who intend to work from home in a sectional title scheme, Wasserman explained that they must first –

• Check the body corporate’s conduct rules for any restrictions or prohibitions
• Understand that conduct rules apply equally to all owners and must be reasonable
• Realise that owners are responsible for ensuring compliance by tenants or visitors
• Understand that any amendments to conduct rules require a special resolution and CSOS approval
• Be aware of the fact that the body corporate may enforce rules and take action against non-compliance

Ultimately, Wasserman said admin-style work is often tolerated in sectional title schemes. However, anything that disrupts the residential character or breaches scheme rules can be legally – and usually successfully – challenged.

She advised that owners should consult the body corporate’s CSOS-approved conduct rules carefully and engage with the trustees where necessary before tarting any form of home business within a sectional title scheme.

“It’s important to follow due process, including any required meetings or votes to amend the rules if the existing provisions don’t address the intended business activities,” she said.

“Failure to adhere to these rules not only risks legal action but can also lead to strained relationships within the community.”