11 WHO MAKES THE RULES?
At the inception of a scheme, Management and Conduct Rules are established. These rules form Annexures 8 and 9 to the 1986 Sectional Titles Act and may have been amended by the developer before the register was opened. As their names imply, the management rules control the running or management of the scheme, while the conduct rules lay down guidelines for the conduct of owners and occupiers, their guests or tenants.
In schemes that were established under the 1971 Act, the rules were made in accordance with the provisions of that Act and were called Schedule I & II Rules. In schemes in which the body corporate did not amend the standard rules of the 1971 Act, the management and conduct rules of the new Act automatically replaced those rules. In schemes in which amendments to the Schedule I & II rules were registered with the Registrar of Deeds for the area in which the scheme is situated, they may still be in force. An excellent and detailed discussion regarding rules will be found in "The Sectional Title Handbook", by Graham Paddock.