Festive season conduct rules in community schemes
Temporary relaxation of rules and the limits of reasonableness
27 November 2025 | Francoa Willemse
As the festive season approaches, community schemes across South Africa experience an increase in activity, visitor numbers and general use of common property facilities. During this time, questions from residents and trustees arise as to whether the scheme’s conduct rules may be temporarily relaxed to accommodate seasonal demands.
While the desire for a more flexible approach is understandable, any such adjustments must be carefully balanced against the legal framework governing community schemes and the rights of all occupants and owners within the scheme, especially in a diverse community where not everyone observes or celebrates the festive period.
This article examines the extent to which rules may be reasonably adjusted, and the principles that must guide trustees in managing festive season conduct.
Why would a scheme require more lenient conduct rules?
At this time of the year, residents and occupiers host guests, take leave from work, and make greater use of the shared facilities within the scheme. These seasonal dynamics often result in requests for more lenient conduct rules. This raises an important question for trustees and managing agents: to what extent may community schemes relax their conduct rules during the festive period, and if so what are the legal and practical limits?
Does the relaxation of the rules suspend enforcement?
The starting point is that the conduct rules of a sectional title scheme, whether prescribed or amended and adopted conduct rules, remain binding throughout the year or period until it has been amended. The fact that the festive season is a time of increased celebration does not in itself suspend the legal effect of these rules. The body corporate remains responsible for enforcing the rules and controlling, managing and administering the common property in a manner that ensures compliance. Any deviation from the rules must therefore be rooted in lawful authority and must not amount to an amendment or suspension of the approved rules.
Trustees may, however, in terms of their general management powers issue reasonable and practical directives that assist in the day-to-day administration of the scheme, provided that such directives do not contradict or override the approved rules. It is within this limited space that temporary festive-season guidelines may be considered.
What is considered reasonable and practical?
In determining whether seasonal adjustments are appropriate, trustees must remain guided by the principle of reasonableness, a concept that runs consistently through the governance framework of community schemes. Reasonableness requires that any temporary “relaxations” be fair, practical, non-discriminatory, and balanced against the rights of other residents.
Importantly, not all residents observe or celebrate Christmas, and a body corporate must therefore avoid implementing measures that implicitly endorse or favour a particular cultural or religious practice. The focus must instead be on practical and realistic accommodation that reflects the increased activity typical to the season, while still respecting the rights of all occupants to the quiet, peaceful, and undisturbed enjoyment of their respective units.
What are some of the usual challenges and how can they be resolved?
During the festive season, the most noticeable challenges in community schemes arise in areas such as:
noise;
unit occupancy;
use of the pool and entertainment areas;
braai facilities, and
parking.
While trustees may consider issuing festive season circulars that, for example, remind residents and occupants of existing noise provisions, allow marginal extension of social hours on specific days, or encourage courtesy notifications to neighbours. Such measures may never permit what the rules expressly prohibit. Excessive noise, nuisance and disturbance always remain contraventions in a scheme, irrespective of the season. Similarly, overcrowding of units cannot be condoned, as it may give rise to safety hazards, place pressure on common property infrastructure, and may conflict with the relevant municipal bylaws.
The festive season furthermore means more frequent use of communal facilities such as swimming pools and entertainment areas. Trustees may, under their management powers, implement practical measures such as temporary guest limits, booking systems, or time allocation arrangements during these peak periods. These measures must be applied consistently and must support, rather than replace, the registered rules of the scheme. Safety requirements, including supervision of children and compliance with fire-safety provisions, will remain non-negotiable.
What is the main problem in community schemes during the festive period?
Undeniably the most contentious issue during holiday periods is parking, especially in schemes located in popular holiday destinations. Increased visitor numbers and residents travelling with multiple vehicles can quickly lead to the obstruction of driveways, unauthorised parking in reserved bays, and misuse of visitor bays.
Trustees may issue temporary directives to manage visitor parking more effectively, provided that these directives remain within the boundaries of the approved rules and do not purport to create new rights or suspend allocations previously made. Measures that may be taken include stricter access control, rotation of visitor parking, or the identification of temporary overflow parking where this is safe and legally permissible. Another practical measure is for trustees to direct owners who engage in short-term letting to inform their tenants in advance that parking within the scheme is limited, and that only the vehicles that can be accommodated within that owner’s allocated parking bay or bay/s may be brought onto the property. Under no circumstances may emergency access routes or fire lanes be obstructed, as this would place residents at significant risk and contravene basic safety obligations.
Conclusion | Relaxation must not affect the rights of others
Any decision by the trustees to adopt “temporary festive season guidelines” must be properly considered, minuted and communicated to all owners in writing before implementation. This ensures transparency, promotes uniform application, and reduces the potential for disputes. The trustees’ decision-making process must remain aligned with their duties to act honestly and in the best interest of the body corporate and with the required degree of skill and care. Clear communication prevents the common misconception that the festive period grants blanket permission for relaxed behaviour, which is never the case. The legal framework remains in full effect, and any relaxation is merely a measured and reasonable accommodation and not a suspension of enforceable obligations.
A considerate and well communicated approach to festive season management can foster harmony within the scheme, provided that trustees remain mindful that not all owners or occupiers celebrate the festive period and that any relaxation must never infringe upon the lawful rights of others.
About Francoa Willemse
Francoa Willemse is a Community Schemes Consultant at TVDM Consultants.
Francoa, an admitted and practicing attorney, grew up in Klerksdorp, North-West Province and attended the North-West University where he obtained his LLB and LLM qualifications, with distinctions. During his studies, Francoa assisted the Faculty of Law as a supplementary instructor and examiner for the Law of Evidence for third year law students.
Learn more about Francoa.
