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Statues or sculptures can serve as powerful elements that shape the character and atmosphere of a place, making it memorable and meaningful to those who experience it.
They add aesthetic beauty, cultural significance, emotional depth, and sometimes even practical functionality. However, when living in a sectional title development or an estate governed by a Homeowner’s Association (HOA), they cannot be erected on a whim, as it impacts all stakeholders – both on a financial and practical level.
Guidelines according to Sectional Title law
Jennifer Paddocks, director at a specialist community scheme law and training firm, shares that under the Sectional Titles Schemes Management Act (STSMA) and the prescribed rules, there are two provisions that apply to the erection of statues on the common property by the body corporate.
‘Depending on the nature, size, and cost of the statue, it could be considered an improvement to the common property that is “not reasonably necessary” (these improvements were referred to as “luxurious” improvements under the old Sectional Titles Act). If this is the case, then prescribed management rule 29(1) requires that the improvement be authorised by a unanimous resolution of the body corporate – which is a very high consensus level and often difficult to achieve,’ she says.
‘If however, the statue could be considered a small and inexpensive addition to a common property garden or recreation area and the body corporate has existing funds that could be used for this purpose, the erection of the statue could be authorised under section 4(d) of the STSMA, which allows the trustees, as the body corporate’s representatives, “to establish and maintain on the common property suitable lawns, gardens and recreation facilities” without approval from the body corporate members.”’
Guidelines according to Homeowners Associations
Paddock explains further that in the case of homeowners’ associations (HOAs), each HOA has its own, unique set of governance provisions which include a constitution or memorandum of incorporation as well as its rules. These may be set out in additional governance documentation like architectural and/or landscaping guidelines.
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‘So, the governance documents of the particular HOA need to be consulted to determine what provisions govern improvements/alterations to the communal property and changes to individual owners’ gardens. However, it is likely that the erection of a statute whether on the communal property or in an individual owner’s private garden would require the approval of the HOA or the written consent of the scheme’s trustees or directors. It is always important to check the approved rules of the scheme concerned to see if any additional or modified rules apply.’
Steyn City’s parkland is a marvel to experience
Steyn City, a luxury lifestyle estate, in Johannesburg’s new North – halfway between Johannesburg, Pretoria, and Midrand, is a beautiful example of an estate that has embraced the installation of statues and sculptures for the benefit of its residents.
The estate is home to a 2,000-acre parkland residence featuring several larger-than-life sculptures and artworks. Created as part of a programme that includes the training of artists from neighbouring Diepsloot, the park is about interaction and connection with the earth – these pieces are meant to be climbed on, grasped, explored.
The parkland, once an old quarry was brought back to life by co-founders of the estate, Douw Steyn and Giuseppe Plumari, and now boasts over a million indigenous trees, shrubs, and groundcovers, prolific birdlife and wildlife, as well as a meticulously designed 45-kilometre paved promenade, which seamlessly meanders through these areas, offering residents opportunities for walking, running, and cycling.
While enjoying the facilities, residents can enjoy and explore the installation of more than 40 captivating pieces of community land art adorning the outdoor areas.
According to Steyn City, the estate’s commitment to maintaining the beauty of these landscapes and ensuring their pristine condition is covered by the levies. ‘Notably, these levies are not only designed to ensure excellence but are also remarkably competitive, adding to the overall appeal and value proposition for those considering joining our community,’ they say.
Century City fosters local art for its residents
Art also features strongly in Cape Town’s Century City development, with the establishment of the Century City Arts Trail in 2014. The trail features 28 artworks across the development. Most recently, a spectacular artwork by world-renowned South African artist, Anton Smit, entitled “Landscape of the Soul”, was formally opened to the public.
‘Since the inception of the trail, we have commissioned original art across the precinct in unusual places,’ says John Chapman, Chairman of the Century City Arts Foundation (CCAF).
‘From a mural underneath a bridge, painted by Chris Auret, to giant otters made of scrap steel by Callum Pickard and displayed on an unused abutment, our goal is to beautify Century City with original local art.’
When deciding whether to erect statues or art installations in a development, estates should consider that statues and sculptures can be pivotal elements that shape and elevate the places they inhabit, forging lasting bonds between people, art, and the spaces they call home. Should the resources allow for it, and buy-in is obtained from all stakeholders, statues can add value to investors and owners, as well as serve as a marketing drawcard for further investment and growth.
