This month's edition includes: Decisions requiring a special resolution ito the STSM Act; changes to Levy collection ito the STSM Act; and who makes the HOA rules?
This month's newsletter includes: building penalties in Homeowners' Associations; visitors in sectional title schemes; and a checklist for a managing agent contract.
This month's newsletter includes: AGM season; notice confusion around managing agent contract termination; visitor parking bays; and the nature of the pool area.
The March Newsletter includes: Levy contributions authorised by trustee resolution; substitution of rules by the body corporate; and new Paddocks courses and workshops.
The April newsletter includes: When sectional title schemes should be home owners' associations; overcrowding in sectional title schemes; and children using a pool area.
The May newsletter includes: Administrative effects of a change to the PQ schedule; keeping minutes of meetings; and responsibility for boundary walls and fences.
The June newsletter includes: How Sectional Title scheme rules will be interpreted under the Sectional Titles Schemes Management Act; and cession of contracts.
The edition includes: Plans in Sectional Title Schemes; how to extend your section; code of conduct trustees; and to chair or not to chair - the role of the chairperson.
Maryke Prinsloo suggests that a simple trustee's resolution is an adequate and efficient procedure to rectify non transfer of an EUA in terms of s 27(1).
The newsletter includes: A community scheme's relationship with the local municipality; considerations before authorising the extension of a section; and trustee indemnity.
The newsletter includes: An overview of the Community Scheme Ombud Service; Reserve funds and the STSM Act; and electronic communication in community schemes.
Cape Town Registrar's Circular No 3 of 2016: Registrar's Circular 2 of 2016 is withdrawn - Revised Deeds Office practices and procedures in terms of the STSMA.
This month's edition includes: Quorum requirements ito the Sectional Titles Schemes Management Act; access for disabled persons in schemes and "MR&R plans".
The December Newsletter includes: adequately insuring sections; updating HOA Memorandums of Incorporation; and involving a body corporate in sectional repairs.
Marie Grové discusses the cancellation of a section or part of one as envisaged by the amendment of Regulation 31 read with Section 48 of the Sectional Titles Act.
In the January 2015 MCS Courier Tertius Maree considers the scope and limitations of members' powers to issue directives to or to impose restrictions upon, trustees.
The February Newsletter includes: Holiday renters vs. permanent residents; does your scheme need Batman?; Wake up and smell the POPI; and installing generators.
This April newsletter includes: the special levies provisions timeline; an update on the third generation sectional titles legislation; and are sectional title rules constitutional?
The May newsletter includes: a levy clearance certificate is an effective weapon; the independence and training of adjudicators; and a question of bricks being stored.
What happens when there is no mention of a HOA in the title deed or purchase agreement yet it is a condition of the local council to become a member upon purchase?
July sees the launch of a new look Paddocks Press; the introduction of a video insert; and discussions about tree problems, the installation of gas stoves, and tuck shops.
This month's newsletter includes: geyser maintenance and cost responsibilities; the powers of trustees with regard to parking; and maintenance of windows and doors.
The July 2015 MCS Courier has a discussion of the implications of a number of amendments to the standard Management Rules which took effect on 1st August 2015.
This month's newsletter includes: Use restrictions in sectional title schemes; trustees - from nomination to termination; and the subdivision and consolidation of sections.
This month's newsletter includes: Developer's substitution of the prescribed rules; allowing owners to maintain common property; and have you submitted your PAIA Manual?
Jack Crook comments on a recent case which underscores the need for buyers to read and understand all the rules and regulations of an HOA before buying.
In sufficiently serious cases our courts will protect residential complex owners from the disliked, irrational, aggressive and disruptive “Nightmare Next Door” owner.
Can a levy clearance certificate be withheld when unauthorised alterations to a unit about to be transferred affects common property, asks Tertius Maree in the MCS Courier?
The January newsletter includes: levy discounts; changing all the trustees between AGMs; VAT Relative to HOAs and Bodies Corporate; and trustees withdrawing consent.
When the Sectional Titles Schemes Management Act comes into force, Reserve Funds for bodies corporate will be mandatory. Jennifer Paddock explains the implications.
The March newsletter includes: IT and sectional title scheme management; the Rental Housing Act and House Rules and can sectional title trustees be paid?
Chantelle Gladwin and Gabriel da Matta discuss the three different ways in which resolutions can be passed at sectional title scheme meetings and their implications.
The April newsletter includes: Estate agents need to understand Sectional Titles; Tips for Sectional Title insurance; and Exclusive Use Area: extension vs improvement.
The May newsletter includes: how the trustee decision system works; understanding community scheme finances; and the repair of interior damp.
The June Newsletter includes: trustees and rule-making; business strategy; luxurious and non-luxurious improvements to common property; and waterproofing.
The July Newsletter includes: the reduction of the prescribed interest rate; levies when the year end has changed; and 10 questions before an owner alters common property.
Chantelle Gladwin and Gabriel da Matta argue that municipalities should not charge sectional title owners separate rates for sectional title units that are actually EUAs.
The August Newsletter includes: loans to body corporate staff; body corporate functions with regards to insurance; and liabilities for levies when a unit changes hands.
The September Newsletter includes: specializing in sectional titles; investing body corporate funds; the role of chairpersons; swimming pools; and inflation percentage increases.
The October Newsletter includes: off plan sale concerns; regulating managing agent fees; pre-purchase sectional title reports; and trustees contracting with third parties.
Jack Crook highlights the necessity for buyers to fully understand the rules they are agreeing to, while management associations must draft them clearly and enforce them.
The November Newsletter includes: Notice periods for general meetings; video update on the CSOS; and, are tenants subject to the Sectional Title Scheme's rules?
In response to Allen West’s Section 25 check-list article, John Christie highlights some of the many problems conveyancers have with the Sectional Titles Act.
Anton Kelly asks, and answers the question about what an owner can achieve by attending his/her sectional title's AGM.
Donald Moore contends that failure to disclose that a section 27A EUA is part of the subject matter of the sale, amounts to bad conveyancing and professional misconduct.
The January sectional title newsletter deals with HOAs and the new Companies Act, property's unique investment characteristics and individual electricity meters.
The February sectional title newsletter deals with choosing a good managing agent, occupational health and safety, and 30 years of the Sectional Title Survival Manual.
When choosing a managing agent these days one has to find suitable candidates with an established track record of integrity and reliable references.
The amended regulations will become effective from 15 April 2013 and apply to all deeds lodged after such date and/or documents executed subsequent to such date.
In Issue Number 44 of MCS Courier Tertius Maree takes issue with the latest amendments to some of the standard Management Rules of the Sectional Titles Act.
Graham Paddock writes that sectional title transactions are complex because some degree of permission or cooperation from the community of sectional owners is needed.
The April sectional title newsletter deals with share block and sectional title conversions, arrear levies of insolvent owners and are the trustees liable for owners' safety?
Graham Paddock discusses the body corporate's obligation to ensure that a scheme has adequate fire insurance and has taken action to prevent fires.
The May sectional title newsletter deals with the complexity of sectional title property dealings, insurance, noisy neighbours, storm water damage and levies paid in advance.
A mistake often made is to assume that common expenses, particularly those perceived to benefit owners equally, such as security arrangements, should be paid equally.
The June sectional title newsletter deals with steps to becoming a managing agent; a closer look at the relationships of the tenant-landlord-body corporate triangle; and fines.
Allen West covers the different variations and possible loopholes of Section 15B(3) Certificates of which cognizance must be taken to ensure they are correct.
An explanation by way of example of the calculation of the deviation of the participation quota as contemplated by section 24(d)(i) of the Sectional Titles Act.
Jack Crook writes that until the Supreme Court of Appeal rules definitively, HOAs should consider themselves at risk when an owner’s estate is liquidated/sequestrated.
The August newsletter deals with the need for good trustees and managing agents, installing pre-paid meters, and does a body corporate have a vote for a unit it owns?
The September newsletter deals with who actually decides on the levy increase, a video about preparing for an AGM, and holding an HOA AGM over Skype or similar means.
The October newsletter includes: who decides, pays, and for what regarding special levies; Mystrata and Paddocks enter into a partnership; and trustee decisions via email.
Marie Grovè discusses the extension of a scheme by the addition of land to the common property, as provided for in section 26 of the Sectional Titles Act, 95 of 1986.
The December newsletter includes: The distinction between the maintenance and improvement of common property; slip and fall injuries; and taming disruptive meetings.
How is it possible to extend a section without increasing the floor area asks M A Grové?
The January digital newsletter for the sectional title community deals with quorums, swimming pool insurance and establishing a HOA.
Allen West discusses the opening of a sectional title scheme on more than one piece of land and the relief afforded by s 4(2) of the Sectional Titles Act.
Issue Number 39 of MCS Courier contains many interesting articles about sectional title such as the value of good governance and a checklist for levy determination.
Allen West contends that the registration of praedial servitudes over sectional title units is untenable from a management perspective and should not be allowed.
Allen West submits that developers cannot subdivide, consolidate or extend any section, or add to the common property, before the establishment of the body corporate.
Anton Kelly delves into how much notice to members is required for meetings such as an AGM in a non-profit HOA company.
Dudley Lee responds to Allen West by carefully analysing a developer’s powers (see Developer's powers) prior to the establishment of the body corporate.
Issue Number 40 of MCS Courier has sectional title articles about the new Companies Act and HOAs, levy recovery and the determination of special levies.
A discussion of the developer's reservation of a right in terms of section 25(1) or 25(6A) of the Sectional Titles Act and its cession, by notarial deed in terms of section 25(4)(b).
Nothing can get done in sectional title schemes if enough owners necessary to form a quorum don't bother to attend meetings.
Allen West submits that the notion that boundaries of a real right of extension, when exercised must remain within the "foot print" of such right is totally wrong.
The May digital newsletter for the sectional title community deals with building on common property, the Sectional Title Schemes Management Act and paying for rivets.
Russell Warner discusses Body Corporate of the Pinewood Park in which it was decided that management and conduct rules are consensual or contractual in nature.
Allen West discusses the cancellation of exclusive use areas in terms of the Sectional Titles Act and the attendant requirements such as special resolutions.
Issue Number 41 of MCS Courier has sectional title articles about percentile levy adjustments, learning to count, and rules are rules - or are they?
The July sectional title newsletter deals with the qualifications necessary to be an executive of a HOA, how insurance defines retaining walls, and protecting minority owners.
Bodies corporate have to exist and dysfunctional ones can present problems and stumbling blocks for conveyancers when preparing Section 15B(3) certificates.
The August sectional title newsletter deals with the CPA and Managing Agents, disputes with neighbours and payments to the neighbourhood watch.
The September sectional title newsletter deals with PMB Rule 31 and special levies, taxation of exit levies in retirement schemes and approving a solar geyser.
The October sectional title newsletter deals with controlling access to one's section, an outline of proposed amendments to the Sectional Titles Act, and plumbing certificates.
In Issue Number 42 of MCS Courier Tertius Maree covers the Peaks decision, capping interest rates for arrears, and may trustees conclude resolutions by e-mail?
Anton Kelly considers how decisions are to be made when members of a homeowners association get together.
A query about RCR 46 of 2010 regarding the issuing of Home Owner Association consents in forced sales and charging therefor.
A response from Kevin Mahon in which he raises a few more issues regarding the full impact of RCR 46 of 2010.
An owner is not entitled to withhold levies to set-off a debt she believes is owed to her by the body corporate but to use arbitration or litigation, writes Jennifer Paddock.
Marie Grové and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.
Allen West discusses the mechanism to extend the period in which a right of extension must be exercised and which supporting documents must be lodged with the Registrar of Deeds.
An oversight allows for the duplication of names allocated to sectional title schemes, this needs to be addressed as it has given rise to numerous objectionable instances.
Anton Kelly looks at an unusual and interesting situation where there are schemes within schemes and how to go about changing the share of the levy contribution.
Graham Paddock looks at the functions of the Office of Companies and Intellectual Property Enforcement (OCIPE) - the "Companies Commission" - with relation to Home Owners Association companies.
Allen West submits that registrars must enforce, by disallowing bond registration, the mortgaging of exclusive use areas when their section is mortgaged.
Jennifer Paddock writes that having short, clear and appropriate rules are best when dealing with difficult people in a sectional title complex.
Jennifer Paddock discusses the finer points of the implications of breaking rules in a sectional title complex.
Holders and bondholders of real rights of extension must be aware of the implications for them when owners agree to the destruction of a building comprising a sectional title scheme.
Graham Paddock writes about the various ways of resolving sectional title disputes with an emphasis on arbitration measures.
Godfrey Shev asks, "what, if anything, can the Trustees of a Body Corporate do to enforce the termination of a lease between an owner and his tenant thereby evicting him?"
The November digital newsletter for the sectional title community deals with disclosing member contact details, material damage and property liability.
Gerard du Toit and Carl van Rooyen consider the brand name value of developments and how it should be protected.
The December free digital newsletter for the sectional title community has been published.
Graham Paddock looks at the similarities and differences between sectional title schemes and home owners' associations.
Alexandré Lombaard looks at reserving the right to extend in terms of s 25(6A), RCR 45/2007 and the position of "developers" of portions of the real right.
A look at the beginnings of the UCT Sectional Title Scheme Management course since the first one in 2005 and its association with Paddocks.
The April free digital newsletter with its usual high quality content for the sectional title community was published recently.
Marie Grove and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.
The Sectional Tiles Amendment Bill, No. 14 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act.
The June free digital newsletter with its usual high quality content for the sectional title community was published recently.
Clint Riddin unpacks with examples the debate of the treatment of capital expenditure in the books of a body corporate.
Home owners' associations are not the same as sectional title schemes, and the differences are important. Rob Paddock dispels some recent confusion.
Roelie Rossouw argues that Conference Resolution No. 2/2009 should be recalled as it will lead to time delays, increased legal costs and slow the building of affordable housing.
However John Christie agrees with Roelie Rossouw's conclusions and draws our attention to a number of relevant practical aspects.
Thabo Nqhome argues that there is no requirement anywhere in the Sectional Titles Act for a sectional plan to be submitted to the SG once buildings have been erected.
Conveyancers certificates issued in terms of Section 15B(3) of the Sectional Titles Act don't always depict the correct state of affairs - Allen West discusses all the variations and possible loop holes.
The September free digital newsletter with its usual high quality content for the sectional title community was published earlier this month.
Roelie Rossouw draws our attention to a recent case in the Free State High Court regarding the extension of sectional title schemes in relation to RCR 2/2009.
Issue Number 37 of MCS Courier contains many articles of interest to the sectional title industry.
Anton Kelly gives an overview of the nature of mixed use, multi-layered developments incorporated as property owners' associations under s 21 of the Companies Act.
Thabo Nqhome argues that any interpretation in which a deviation from s 25(2) of the Sectional Titles Act is permissible under s 25(13) is fraught with serious problems and indefensible.
Prof Graham Paddock answers the question about introducing to South Africa sectional title schemes the provision of rental diversions where landlords are in arrears with levies.
Issue Number 38 of MCS Courier focuses on the doings of managing agents, the challenges, problems and, hopefully, some solutions; and hijacking an AGM.
The December ad hoc free digital newsletter for the sectional title community came out towards the end of last year.
Brian Agar offers an alternative interpretation to the application of s 24(6)(d) of the Sectional Titles Act - extension of schemes.
The February ad hoc free digital newsletter for the sectional title community has been issued.
A 3 day new short course on sectonal title property development is to be presented in Johannesburg.
The March ad hoc free digital newsletter for the sectional title community has been issued.
The April ad hoc free digital newsletter for the sectional title community has been issued.
Allen West explains what it is, what it involves, the various agreements, rights, expenses and tax implications.
Corrie de Jager notes with concern the current tendency to promote, so called "fractional ownership" sales as something other than time share or share block sales.
Roelie Rossouw agrees with Allen West and has a number of pertinent points to add about fractional ownership schemes.
The May ad hoc free digital newsletter for the sectional title community has been issued.
The July ad hoc free digital newsletter for the sectional title community has been issued.
Prof Graham Paddock and Anton Kelly look at implementing decisions to alienate a part of the common property.
The July ad hoc free digital newsletter for the sectional title community has been published, with an interesting take on Section 15B(3) of Act 95 of 1986
Jennifer Paddock outlines the process of raising general levies in sectional title schemes.
The August free digital newsletter for the sectional title community has been issued and is full of useful articles.
The September free digital newsletter for the sectional title community has been published.
Jennifer Paddock considers what aggrieved owners or occupiers can do if trustees unreasonably prevent them from keeping pets.
Allen West provides a check-list for the consolidation of units.
The January ad hoc free digital newsletter for the sectional title community has just been issued.
The February ad hoc free digital newsletter for the sectional title community is devoted entirely to generators.
The January ad hoc free digital newsletter for the sectional title community has just been issued.
Graham Paddock considers sectional title management failures in the light of the liquidation of Sectional Title Administrators CC.
Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.
The June ad hoc free digital newsletter for the sectional title community has just been published.
Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.
The introduction of the FET Certificate in Real Estate means estate agents need to up their game writes Jennifer Paddock.
The July ad hoc free digital newsletter for the sectional title community has just been issued.
UCT in conjunction with Paddocks Learning is to offer a Sectional Title Developer Course in October.
The August ad hoc free digital newsletter for the sectional title community has just been published.
Allen West gives clarity to Section 24(6)(d) of the Sectional Titles Act 95 of 1986.
The October ad hoc free digital newsletter for the sectional title community has just been issued.
Monica Korf looks at an interesting case involving the property description of a yet to be built unit.
A discussion in the November Integritax Newsletter of SARS guidelines for fractional ownership structures.
A check list to help with lodging or examining the opening of a sectional title register.
Sectional Titles Online (STO), a web site dedicated to providing everyone involved in sectional titles with free information, was launched recently.
C J de Jager corrects misconceptions about the legal nature of fractional ownership.
Tertius Maree asks, "Are bodies corporate bound by pre-incorporation agreements entered into by developers?"
The National Association of Managing Agents (NAMA) unveiled its new Internet web portal on 15 March 2007.
Sectional title owners must stand together to protect their rights in Cape Town, writes Graham Paddock.
The latest UCT Sectional Title Scheme Management Course, presented via distance learning and lasting six months, begins on 4 June 2007.
An ad-hoc free digital newsletter for the sectional title community.
The June ad hoc free digital newsletter for the sectional title community has just been issued.
The second Sectional Title Specialist Realtor certificate course from UCT and Paddocks Learning is to begin in August.
The desperate state of affairs of a 10-storey Durban block of flats was likened by a Durban High Court judge on Wednesday to the situation in Zimbabwe.
The August ad hoc free digital newsletter for the sectional title community has just been issued.
Allen West provides a check-list for the subdivision of a section.
Warren Hamer considers problems with lapsed real rights to extend in terms of Section 25.
The November ad hoc free digital newsletter for the sectional title community has just been issued.
A new protection mechanism has recently come into effect that has far-reaching consequences for sectional title owners.
Patrick Maybin discusses the amendments to management rules as per Government Notice No R1109 of 18 November 2005.
Allen West considers when consent from home owners' associations must be lodged.
Alexandré Lombaard ends her discussion on the subdivision of common property in a sectional title scheme.
Sectional titles learning has reached another level with a six-month online certificate course.
The memorandum on the objects of the bill has been reproduced here for easy reference.
George Tsotetsi, Office of the Chief Registrar of Deeds, responds to an article by Mr O J Christie in the August 2005 De Rebus.
Fines on overdue sectional title levies are legal according to a recent magistrates' court case in Bloemfontein.
Warren Hamer looks at developers who encroach upon the rights of holders of real rights in terms of Section 25 rights of extension and on the common property.
The latest issue dealing with sectional title issues by Tertius Maree.
Don't be caught with an insurance gap for your sectional title development.
Who is responsible for a council's revalued rates once a sectional title development has been transferred to the new unit owners?
A UCT Sectional Title Scheme Management Course "Plugging the knowledge gap in Sectional Title Scheme Management" is starting in December.
Discussion by Allen West about the need to amplify the definition of an exclusive use area.
O Wade of the Pietermaritzburg Deeds Registry looks into this in the October 2004 SA Deeds Journal.
Consultants have been appointed to develop new sectional title legislation for the administration and management of sectional titles.
Sectional title bodies corporate and their trustees should ensure that they have clear, written contracts with their managing agents.
More than 700 000 South Africans live in sectional title complexes and they need to know what this entails.
Russell Warner writes about the Sectional Titles Amendment Act of 2005.
Lizelle Kilbourn pens some comments on the proposed amendments to the Sectional Titles Act, as contained in Bill 10B of 2005.
Last minute changes to the Sectional Titles Amendment Bill could rob sectional title owners of a major victory in the fight against levy defaulters.
George Tsotetsi writes in the SA Deeds Journal on Section 13 of the Sectional Titles Act, 95 of 1986 and the examination of deeds.
Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.
Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.
Tertius Maree wants a uniform code for developers when it comes to administrative structures for complex owners' associations.
George Tsotetsi tries to clear up misconceptions about the application of Section 15B(3) of the Sectional Titles Act.
Is the person managing your sectional title property an accredited professional?
Tertius Maree on amendments which affect standard management rules (MRs).
The police commercial crime unit is, for the first time, investigating charging trustees with fraud and other irregularities.
On the 3rd of March the Constitutional Court is to hear submissions by the Kwazulu-Natal Law Society regarding the provisions of s118 of the Municipal Systems Act.
The "Geovy Villa" judgment, regarded as a breakthrough for sectional title bodies corporate struggling to recover levy arrears, has been overturned by the Appeal Court.
M S Mekwe investigates the Acquisition of property by trustees prior to their appointment as such by the master of the high court in the January Deeds Registration Law Newsletter.
In an attempt to solve sectional title disputes the land affairs department is to investigate the feasibility of introducing a sectional titles ombudsman.
The November amendment to section 37(2) of the Sectional Titles Act has sparked controversy in the property industry.
I have had feedback from Sapoa regarding the Sectional title confusion article. A report from their consultant which will shortly be considered by their specialist committee, expressed the following views.
Bloemfontein has already implemented the separate collection of rates and taxes from sectional title units in terms of the new property rates legislation.
Section 37(2) of the Sectional Titles Amendment Act continues to "cause consternation amongst key players in the industry".
Levies are the lifeblood of sectional title schemes. Think of them as being as important as bond repayments.
Sectional title trustees and managing agents have a responsibility to ensure that the insurance premiums for their schemes are paid.
Part two of the conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.
Does a sectional mortgage bond have to be lodged for endorsement in respect of the release of a portion of the common property being transferred asks the SA Deeds Journal?
The purchase of property in a cluster development could raise many potential problems.
This article discusses what happens when members of a sectional title scheme fail to pay their levies. The authors suggest that the solution to this sad tale lies in the hands of the banks.
The author examines the confusion about the nature and status of certain exclusive use areas, the terminology used and how they are dealt with in the sectional title environment.
A useful link to guidelines issued by the Cape Law Society. This was occasioned by complaints lodged by managing agents who administer sectional title schemes on behalf of bodies corporate, against conveyancers who attend to the transfer of sectional title units.
Dealing with damp in sectional title on Property24 provides a useful introduction to the potential problems which can arise in sectional title schemes when damage is caused by water leaks.
Keeping a cool head over hot water on Property24 discusses the single exception to the general rule that a section owner is responsible for anything situated within the section and the body corporate is responsible for anything situated on the common property.
The article Alienation of common property revisited by Tertius Maree in the October 2001 De Rebus, summarises and discusses the necessary steps for the subdivision, transfer and registration of a part of the common property on which some sections are situated.
In terms of Government Notice 1993 of 2003, The Sectional Titles Amendment Bill, 2003, is to be introduced into Parliament.
The cession of real rights to owners so that they take ownership of the land and responsibility for the subsequent building of their unit has a number of advantages for both the developer and the owner.
How to amend ST rules on Property24, underscores the need for the trustees of a scheme to understand that they cannot amend the conduct rules.
The Sectional Titles Amendment Bill (B43-2002), proposes amendments to the Sectional Titles Act 95 of 1986 ("the Act").
The strict requirements governing the rental of common property are looked at in this article on Property24.
Can a sectional title unit's body corporate successfully apply for an ejectment order against the occupants of a flat in the unit who continually contravene the unit's rules?