Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

Category Archives: Legal

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 · 3 Comments

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 · 6 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

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 · 11 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 · 13 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 · 24 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 · 11 Comments

Distinguishing between Luxurious and Non-Luxurious Improvements to Common Property

By Jennifer Paddock In a recent post I dealt with how luxurious and non-luxurious improvements to the common property need to be authorized. In this post I look at how … Continue reading

May 22, 2014 · 11 Comments

Authorising Luxurious and Non-Luxurious Improvements to Common Property

By Jennifer Paddock Prescribed Management Rule 33 provides different procedures and consent levels for authorizing luxurious and non-luxurious improvements to the common property in a sectional title scheme.   Luxurious … Continue reading

May 13, 2014 · 4 Comments

Can an Owner Run a Business From Home in Sectional Title?

By Carryn Mellisa Durham A question that pops up again and again for the Paddocks team is: Can an owner run a business from his section in a sectional title … Continue reading

May 8, 2014 · 11 Comments

Building on an Exclusive Use Area: Extension vs Improvement

By Carryn Melissa Durham   Paddocks received a question on its Facebook wall last week, which has inspired this blog post. Caroll Meiring wrote: This question got me thinking…   … Continue reading

April 24, 2014 · 42 Comments

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