Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

Category Archives: Legal

Valid fining rules in sectional title schemes

By Paddocks Sectional title schemes all have conduct rules that owners and other occupiers must obey. It makes sense that the sharing of space and facilities is regulated. The Sectional … Continue reading

November 7, 2018 · Leave a comment

Trustees squander scheme money

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

October 31, 2018 · 1 Comment

Top 5 tips for first time sectional title trustees

By Paddocks The trustees in sectional title schemes are elected at the annual general meeting (“AGM”) and very often the same people are elected year after year. Even if new … Continue reading

October 10, 2018 · Leave a comment

Improving your EUA – a few things to consider

By Zerlinda van der Merwe There is a common misconception amongst owners in sectional title schemes that they have the right to do anything to their exclusive use areas (“EUA’s”), … Continue reading

September 26, 2018 · Leave a comment

Trustees and their powers

By Zerlinda van der Merwe In our consulting department, we are often told by owners in sectional title schemes, that the reason they cannot do something they would like to … Continue reading

September 12, 2018 · Leave a comment

Bodies corporate need to budget for the education and training of the trustees

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

August 29, 2018 · 2 Comments

Levies – can it be determined only according to PQ?

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

August 22, 2018 · 1 Comment

Ways to increase income in your body corporate

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

August 8, 2018 · Leave a comment

Who and what is a body corporate?

By Zerlinda van der Merwe At Paddocks, we are frequently told by owners that the “body corporate” has told them to do, or not to do, something, or that they … Continue reading

July 11, 2018 · 1 Comment

The use of drones in sectional title schemes

By Dr Carryn Melissa Durham There are many uses for remotely piloted aircraft systems (or drones) in sectional title schemes, for example for inspection of the scheme’s roof for maintenance … Continue reading

April 25, 2018 · Leave a comment

Electing a home owners’ association director

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

March 28, 2018 · 3 Comments

What power or authority do trustees hold in sectional title schemes?

By Dr Carryn Melissa Durham I often answer questions on what trustees are empowered to do in exercising their functions in sectional title schemes. The powers of the trustees are … Continue reading

January 10, 2018 · Leave a comment

Are the rules and architectural guidelines in your HOA binding?

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?

November 29, 2017 · Leave a comment

Can’t subdivide? Sectionalise! – Duet sectional title schemes

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.

November 22, 2017 · Leave a comment
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