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
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
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
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
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
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
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
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
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
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
Investment of body corporate funds
By Dr Carryn Melissa Durham The nature of a body corporate is to generate funds to cover expenses and to build reserves. Therefore, making profit is not their primary function. … Continue reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
Press Release: CSOS and STSM draft regulations Consultation Process
By Professor Graham Paddock The draft regulations under the Sectional Titles Schemes Management (STSM) Act, No. 8 of 2011, and the Community Schemes Ombud Service (CSOS), Act, No. 9 of … Continue reading
Rules restricting tenants in sectional title schemes
By Carryn Melissa Durham There are two types of owners in sectional title schemes: those who reside in their units, and those who do not. The latter are investment owners who … Continue reading
Sectional living – a tenant’s perspective
By Zerlinda van der Merwe I recently interviewed a colleague regarding her experience, living as a tenant, in sectional title schemes. Let’s call her Betty… Betty has lived in two sectional … Continue reading
Responsibility to repair and replace windows and doors
By Carryn Melissa Durham I often get queries on who is responsible for the maintenance (including repair or replacement) of windows and doors within sectional title schemes. In this article I … Continue reading
