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
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
Thinking Inside the Box 