Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

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 · Leave a 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 · 2 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 · 2 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 · Leave a comment

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 · 5 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 · 10 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 · 6 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 · 2 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

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

October 14, 2015 · Leave a comment

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

September 29, 2015 · 6 Comments

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

September 16, 2015 · Leave a comment

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

September 1, 2015 · 15 Comments

You are invited to a (gas) braai at my unit…

By Zerlinda van der Merwe Although the relevant Regulation has been around for a while, we still receive queries from owners, trustees, managing agents and estate agents as to what is … Continue reading

July 22, 2015 · 14 Comments

Change of use

By Carryn Melissa Durham It often occurs in sectional title schemes, that owners use parts of their sections or exclusive use areas for a purpose other than it was originally intended … Continue reading

July 6, 2015 · 4 Comments

Time line, from budget to levies

By Anton Kelly An argument was made the other day about which financial year’s budget is approved at the AGM. Here is a time line and the relevant provisions that explain … Continue reading

June 19, 2015 · 4 Comments

House rules in sectional title schemes

By Carryn Melissa Durham I often get asked questions about house rules. Recently a question was posted on the Paddocks Facebook page: In this blog post I will discuss the … Continue reading

May 21, 2015 · 14 Comments

Pets and property prices in sectional title schemes

By guest writer: Estie Kretschmer A few months ago I read an article by Jennifer Paddock (1), where she mentioned an Australian study about the positive influence of pet-friendly complexes on property … Continue reading

April 28, 2015 · 8 Comments

Update on the third generation sectional title legislation

By Carryn Melissa Durham There has been lots of confusion regarding the third generation sectional titles legislation. Some of the questions I am often asked are: Are the new Acts … Continue reading

April 16, 2015 · 13 Comments

Duties of managing agents

By Anton Kelly Managing agents get a lot of criticism from owners. No doubt some is justified – we all make mistakes and sometimes have gaps in our expert knowledge. To … Continue reading

March 23, 2015 · 6 Comments

Wake up and smell the POPI

By Carryn Melissa Durham The Protection of Personal Information Act 4 of 2013 (“POPI”) gives effect to the constitutional right to privacy while advancing the right of access to information. The … Continue reading

February 23, 2015 · 1 Comment

Illegal and uncontrolled extensions of sections

By Anton Kelly A common problem in sectional title schemes is owners who illegally extend their sections. Probably the most typical example is enclosing patios, but often illegal extensions encroach onto … Continue reading

February 9, 2015 · 4 Comments

Appearance restrictions in community schemes

By Anton Kelly Property owners in homeowners’ associations (HOAs) and sectional title schemes often run foul of seemingly draconian rules that limit or completely remove their freedom to decide on the … Continue reading

January 26, 2015 · 1 Comment

Getting into shape in sectional title schemes: health and fitness facilities

By Carryn Melissa Durham Over the last twenty years there has been an increased focus on health and fitness. One of the most popular New Year’s resolutions made by people … Continue reading

January 12, 2015 · 1 Comment

In Defence of Managing Agents

By Jennifer Paddock Managing Agent. Now there’s a job I don’t want to do again. Why? It’s (insert expletive here) hard!   It’s a job that requires a person to … Continue reading

November 18, 2014 · 17 Comments

Can the Trustees Disconnect My Electricity?

Carryn Durham, who manages the Paddocks Consulting Team, is a featured property-law expert on Property24. She recently answered a reader question about whether the trustees of a body corporate are … Continue reading

November 13, 2014 · 10 Comments

A Great Idea: Pre-purchase Reports for Sectional Title Properties

By Jennifer Paddock As many of you know, I spent a few years living in Australia and working in Strata (Sectional) Title there. In Australia, when a person is looking … Continue reading

October 22, 2014 · 8 Comments

Warring Neighbours in a Sectional Title Duet

By Prof. Graham Paddock The term ‘duet’ normally suggests cooperation and harmony, but in the world of sectional title, it has a less appealing connotation. I read with interest the … Continue reading

October 9, 2014 · 2 Comments

Must an Owner Pay for a New Exclusive Use Right?

By Prof. Graham Paddock Owners and trustees in sectional schemes regularly enquire whether the body corporate can charge money for the grant of exclusive use rights. Typically, the common property … Continue reading

September 23, 2014 · 2 Comments

Chairpersons in Sectional Title: What You Need to Know

By Jennifer Paddock In sectional title schemes the chairperson can be mistaken for (or decide to be) “the king of the castle”. But although a committed chairperson may well work … Continue reading

September 17, 2014 · 9 Comments

The Theft of Funds from Sectional Title Schemes: Managing Agency Malfeasance

  By Prof. Paddock According to a recent Personal Finance report, the Estate Agency Affairs Board is dealing with another theft by a managing agent, this being the most recent … Continue reading

September 3, 2014 · 18 Comments

Liability for Levies When a Unit Changes Hands

By Jennifer Paddock Ordinary Levies The situation with ordinary/general levies is straightforward as it is catered for the Sectional Titles Act (the Act). Once the trustees have raised an ordinary … Continue reading

August 15, 2014 · 9 Comments

10 Questions Trustees Should Ask Before Approving Owner Changes to Common Property

By Jennifer Paddock In this post I recommend 10 questions the trustees should consider when an owner is seeking permission to permanently alter the common property. If an owner indicates … Continue reading

July 17, 2014 · 11 Comments

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