By Paddocks The Sectional Titles Act, 95 of 1986 (“the STA”) defines a section as an area shown as a section in the sectional plan for that scheme. The STA … Continue reading
By Zerlinda van der Merwe Irrespective of where you live in South Africa, you are likely to have, at one time or another, encountered water restrictions and the possibility of … Continue reading
By Paddocks An owner in a sectional title scheme objected to the idea of the body corporate building up a large cash reserve that the trustees could just squander. It … Continue reading
By Paddocks Trustees in sectional title schemes have many powers and duties as set out in the Sectional Titles Schemes Management Act, 8 of 2011 (“the STSM Act”). These powers … Continue reading
By Zerlinda van der Merwe In the majority of sectional title schemes, contributions towards the administrative and reserve funds of the body corporate are raised and recovered in proportion to … Continue reading
By Paddocks Although a body corporate should not have “making a profit” as their primary function, it is notable that the trustees are tasked with doing all things reasonably necessary … Continue reading
By Anton Kelly As you may know by now, the Sectional Titles Schemes Management Act, 8 of 2011 (the Act) requires all sectional title schemes to have a separate reserve … Continue reading
By Anton Kelly Because non-profit companies were dealt with in section 21 of the previously applicable Companies Act, you might still hear of home owners’ associations (HOAs) being referred to … Continue reading
Despite the fundamental governance documentation for home owners’ associations (HOAs), almost all HOAs have additional documentation that restricts the way members can use their properties, conduct rules and architectural and landscaping guidelines being the most common. The question could be, though, are rules and architectural guidelines binding on HOA members?
Many property owners seek to exploit the potential of their properties by adding a second dwelling or by subdividing off a portion if the property is large enough. One of the possibilities is to raise the building by one or more storeys.
By Zerlinda van der Merwe Two of the prescribed items of business to be dealt with at a sectional title scheme’s annual general meeting, is the consideration of the annual … Continue reading
By Anton Kelly “In our sectional title scheme, it seems there are no trustees, no meetings, and no input by the owners in its management. How can this be?” A … Continue reading
By Zerlinda van der Merwe In this article, we will take a look at the form and content of the application to be completed and submitted to the Community Schemes … Continue reading