Enclosures and decks – section extensions or not?
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
Water Amendment By-Law
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
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
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?
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.
Trustees? Meetings? What trustees and meetings?
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
CSOS application for dispute resolution form
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
Fining Rules in Home Owners’ Associations
By Carryn Melissa Durham Recently I wrote an article on Fining Rules in Sectional Title Schemes. This article will deal with the validity of a penalty rule and the validity … Continue reading
When must the body corporate pay for my repairs?
By Anton Kelly Owners in sectional title schemes often think that the body corporate is automatically responsible to repair damage to their section if the damage is the result of … Continue reading
Alterations and renovations in sectional title schemes
By Zerlinda van der Merwe If you are an owner of a unit in a sectional title scheme, and you wish to undertake any alterations and / or renovations within … Continue reading
Installing a borehole in sectional title schemes
By Dr Carryn Melissa Durham With the load shedding and interrupted electricity supply last year, Paddocks was inundated with queries on how bodies corporate could install generators in their schemes. … Continue reading
Must the trustees send levy statements to owners in sectional title schemes?
By: Dr Carryn Melissa Durham The adoption of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) has not altered the position that the trustees (or managing agent) … Continue reading
Sectional title developers: The Surveyor-General is watching!
By Anton Kelly A small, seemingly simple addition to the regulations under the Sectional Titles Act, 95 of 1986 “the Act”, has added significant consumer protection for owners in sectional … Continue reading
The body corporate’s responsibilities and duties regarding scheme rules
By Anton Kelly When talking about the rules in sectional title schemes, it’s important to understand what constitutes the rules that apply. The rules of a sectional title scheme are … Continue reading
Thinking Inside the Box 