Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

Agent accreditation in community schemes

By Zerlinda van der Merwe In our consulting department, we are often instructed to review the governance documentation of community schemes, especially in light of the changes introduced by the … Continue reading

September 13, 2017 · Leave a comment

When the body corporate must pay for my repairs

  By Anton Kelly Owners in sectional title schemes often think that the body corporate is automatically responsible to repair damage to their section if the damage is the result … Continue reading

August 23, 2017 · 2 Comments

Alterations and renovations in sectional title schemes

By Zerlinda van der Merwe If you are an owner of a unit in a sectional title scheme, and you wish to undertake any alterations and / or renovations within … Continue reading

August 10, 2017 · Leave a comment

Installing a borehole in sectional title schemes

By Dr Carryn Melissa Durham With the load shedding and interrupted electricity supply last year, Paddocks was inundated with queries on how bodies corporate could install generators in their schemes. … Continue reading

July 26, 2017 · 5 Comments

Must the trustees send levy statements to owners in sectional title schemes?

By: Dr Carryn Melissa Durham The adoption of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) has not altered the position that the trustees (or managing agent) … Continue reading

July 12, 2017 · 2 Comments

Sectional title developers: The Surveyor-General is watching!

By Anton Kelly A small, seemingly simple addition to the regulations under the Sectional Titles Act, 95 of 1986 “the Act”, has added significant consumer protection for owners in sectional … Continue reading

June 27, 2017 · 2 Comments

Duties of scheme executives

By Zerlinda van der Merwe In this article, we will be taking a look at the additional duties of (community) scheme executives, who are responsible for the administration and management … Continue reading

June 8, 2017 · 2 Comments

The body corporate’s responsibilities and duties regarding scheme rules

By Anton Kelly When talking about the rules in sectional title schemes, it’s important to understand what constitutes the rules that apply. The rules of a sectional title scheme are … Continue reading

May 31, 2017 · Leave a comment

Home Owners’ Associations – What applies?

By Zerlinda van der Merwe Since the Sectional Titles Schemes Management Act (“the STSMA”) and the Community Schemes Ombud Service Act (“the CSOSA”) came into operation on 7 October 2016, … Continue reading

May 10, 2017 · 2 Comments

Parking and vehicles

By Zerlinda van der Merwe We often categorise the issues we experience in sectional title schemes as the “three ‘P’s’ of sectional title living”, namely pets, parking and people, which … Continue reading

April 25, 2017 · 5 Comments

Amendment of rules by body corporate

By Dr Carryn Melissa Durham The previous articles titled “Substitution of the prescribed rules by the developer” and “Substitution of the prescribed rules by the body corporate” addressed the process … Continue reading

April 12, 2017 · Leave a comment

An introduction to retirement schemes

By Zerlinda van der Merwe In this article, we will be taking a look at retirement schemes which are regulated in terms of the Housing Development Schemes for Retired Persons … Continue reading

March 28, 2017 · 5 Comments

Conserving water in sectional title schemes

By Dr Carryn Melissa Durham March, 22nd is World Water Day! Low dam levels and droughts have been an issue for most of the provinces in South Africa over the … Continue reading

March 15, 2017 · 1 Comment

Levy clearance

By Zerlinda van der Merwe When a body corporate finds itself in a position where members are in arrears with their levies, contributions and other amounts as raised on their … Continue reading

March 1, 2017 · Leave a comment

Sectional Title and Occupational Health and Safety

By Zerlinda van der Merwe As a trustee or an owner in a sectional title scheme, have you appointed a contractor to undertake any work on the common property or … Continue reading

February 15, 2017 · Leave a comment

Domicilium citandi et executandi

By Anton Kelly Wikipedia gives the literal translation of this Latin term as, “house for summoning and upkeep”. The common translation in South Africa is, “service address”. A property owner’s … Continue reading

February 1, 2017 · Leave a comment

Short-term letting in sectional title schemes

By Dr Carryn Melissa Durham Many people own property in sectional title schemes for investment purposes, and they let their units out to tenants for rental income. With accommodation reservation … Continue reading

January 24, 2017 · Leave a comment

Servitudes

By Zerlinda van der Merwe What is a servitude? Servitudes are limited real rights, that give the holder certain defined and limited rights of use and enjoyment over someone else’s … Continue reading

January 18, 2017 · 2 Comments

Keeping a dog in a sectional title unit – reasonable trustee considerations

By Zerlinda van der Merwe Samantha wishes to keep a Yorkshire terrier, as a pet in her sectional title unit. As Samantha is a rule-abiding member of the body corporate, … Continue reading

January 5, 2017 · 4 Comments

Lease agreements in sectional title schemes

By Zerlinda van der Merwe While the body corporate is not involved in the legal relationship between an owner, as a member of the body corporate and landlord of a … Continue reading

December 28, 2016 · 3 Comments

So who makes the rules in your HOA?

By Anton Kelly Those who know a little about sectional title schemes understand that they all have rules. There are management rules and conduct rules and it is the owners … Continue reading

December 13, 2016 · Leave a comment

Access for disabled persons in sectional title schemes

By Anton Kelly No one may erect a building without the approval of the local municipality, and the municipality will only approve a building plan if it complies with the … Continue reading

November 21, 2016 · 2 Comments

Electronic communication in community schemes

By Anton Kelly A reality in the management of community schemes these days is the use of electronic communication methods between members and the governing body of the scheme – … Continue reading

October 25, 2016 · 1 Comment

Trustee indemnity

By Zerlinda van der Merwe Each trustee of the body corporate stands in a fiduciary relationship to the body corporate, and its members. Section 40 of the Sectional Titles Act … Continue reading

September 27, 2016 · 2 Comments

Legal nature of exclusive use rights

By Dr Carryn Melissa Durham In terms of section 2(c) of the Sectional Titles Act 95 of 1986 (“the Act”), all the owners of sections in a scheme own all … Continue reading

September 8, 2016 · Leave a comment

To chair or not to chair: The role of the chairperson

By Zerlinda van der Merwe In the article, “Trustees – from nomination to termination”, published in Paddocks Press (Volume 10, Issue 10), we saw that the role of a trustee … Continue reading

August 22, 2016 · 1 Comment

Levy statements in sectional title schemes

By Dr Carryn Melissa Durham I was inspired to write this article after reading a recent post on the Paddocks Facebook page. The questions which arise from this post are … Continue reading

August 17, 2016 · 1 Comment

Water leaks in sectional title schemes

By Anton Kelly One of the most common problems in sectional title schemes is water leaks. Leaks are usually expensive to repair and they very often result in water damage … Continue reading

August 4, 2016 · Leave a comment

Owner’s failure to maintain their section or exclusive use area

By Dr Carryn Melissa Durham Prescribed Management Rule (“PMR”) 70 provides a remedy for the body corporate where an owner either fails to repair or maintain their section or fails … Continue reading

July 26, 2016 · 4 Comments

Levy collection – In light of the Sectional Titles Act, the Sectional Titles Schemes Management Act, and the Community Schemes Ombud Service Act

By Zerlinda van der Merwe In this article, I will unpack the similarities and differences between the Sectional Titles Act 95 of 1986 (“the STA”), the Sectional Titles Schemes Management … Continue reading

July 18, 2016 · 10 Comments

What’s in a name?

By Anton Kelly The formal name of a home owners’ association (“HOA”) can contain significant information for owners and prospective owners of properties in the development. The name of an … Continue reading

June 28, 2016 · Leave a comment

For the record: body corporate responsibilities

By Dr Carryn Melissa Durham Administering a sectional title scheme can involve some major paper pushing. The trustees have a duty to maintain the records on behalf of the body … Continue reading

June 23, 2016 · 10 Comments

The Community Schemes Ombud Service

By Dr Carryn Melissa Durham As the Regulations are currently with Parliament, it is hoped that they will be signed during the course of this year. It is for this … Continue reading

June 8, 2016 · 2 Comments

Responsibility for boundary walls and fences

By Zerlinda van der Merwe Boundary walls and fences designate the dividing line where one property ends and another begins, and further designates the responsibility relating to these properties. Without … Continue reading

May 18, 2016 · 2 Comments

The body corporate’s property

By Anton Kelly We all understand that the body corporate of a sectional title scheme does not own the common property, the common property is co-owned by the individuals who own … Continue reading

May 4, 2016 · 2 Comments

“You’re blocking my view!” – Do you have the right to a view?

By Zerlinda van der Merwe Is there a building, structure or tree in your scheme that is obstructing your view of Table Mountain, the ocean, or the banks of the … Continue reading

April 20, 2016 · 6 Comments

Appointing an auditor

By Dr Carryn Melissa Durham I was inspired to write this article after reading a recent post on the Paddocks Facebook page. What does the legislation say in this regard? … Continue reading

April 7, 2016 · 2 Comments

New Paddocks Courses and Workshops on Community Scheme Management

By Anton Kelly Community scheme management is becoming ever more complex and demanding. Even five years ago, few people in the industry were overly concerned about the Consumer Protection Act, … Continue reading

March 23, 2016 · Leave a comment

Proxies

By Zerlinda van der Merwe Sometimes the number of proxies received by the body corporate can mean the difference between whether the quorum requirements of a general meeting will be … Continue reading

March 9, 2016 · Leave a comment

Special resolution required to terminate managing agent’s contract

By Anton Kelly Can the managing agent contract contain the term that a special resolution is required to authorise notice of the termination of the contract? This interesting question came … Continue reading

February 23, 2016 · Leave a comment

Arbitration

By Zerlinda van der Merwe “When will mankind be convinced and agree to settle their difficulties by arbitration?” – Benjamin Franklin Prescribed Management Rule (“PMR”) 71 of Annexure 8 of … Continue reading

February 10, 2016 · 2 Comments

Visitor parking bays in sectional title schemes

By Carryn Melissa Durham In this Carryn’s Corner article I would like to address the contentious topic of visitor parking bays in sectional title schemes. It’s no secret that parking … Continue reading

January 27, 2016 · 14 Comments

Three ways for trustees to take resolutions

By Carryn Melissa Durham Trustees, as the executive of the body corporate, are tasked with the day-to-day management of the scheme. This means that they need to meet regularly to … Continue reading

January 8, 2016 · 2 Comments

Incomplete AGM

By Anton Kelly Sectional title schemes are required to hold an annual general meeting (the AGM). This is the only meeting of owners that is required as a routine. At … Continue reading

December 23, 2015 · 9 Comments

Checklist for managing agent contract

By Anton Kelly It’s surprising to hear that not all sectional title schemes have a written contract with their managing agent! I guess, if there is a long-standing good relationship … Continue reading

December 9, 2015 · 5 Comments

Homeowners’ Associations – Levy collection from demand to execution

By Zerlinda van der Merwe When a member of a homeowners’ association (“HOA”) is in arrears with their levy contributions, the trustees (of a Common Law association) or directors (of a … Continue reading

December 2, 2015 · 6 Comments

What does it mean for a trustee to be of unsound mind?

By Carryn Melissa Durham I was inspired to write this blog article after reading a recent post on the Paddocks Facebook page. What does the legislation say in this regard? Prescribed … Continue reading

November 24, 2015 · 1 Comment

PAIA manual submission

By Zerlinda van der Merwe I am sure that by now you are aware that the Promotion of Access to Information Act 2 of 2000 (“PAIA”) requires private bodies (including bodies … Continue reading

November 12, 2015 · 3 Comments

Subdivision and consolidation of sections

By Carryn Melissa Durham Initially the developer determines how the sectional plan will divide the buildings into sections and common property. It may be that in an owner is not satisfied … Continue reading

October 27, 2015 · Leave a comment

Follow us on Twitter

Address:

+27 (0)21 686 3950
Mon - Fri
8am - 5pm

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 440 other followers