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
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 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
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
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
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 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
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
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
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
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.