Home Owners’ Associations – What applies?
By Zerlinda van der Merwe Since the Sectional Titles Schemes Management Act (“the STSMA”) and the Community Schemes Ombud Service Act (“the CSOSA”) came into operation on 7 October 2016, … Continue reading
Parking and vehicles
By Zerlinda van der Merwe We often categorise the issues we experience in sectional title schemes as the “three ‘P’s’ of sectional title living”, namely pets, parking and people, which … Continue reading
Amendment of rules by body corporate
By Dr Carryn Melissa Durham The previous articles titled “Substitution of the prescribed rules by the developer” and “Substitution of the prescribed rules by the body corporate” addressed the process … Continue reading
An introduction to retirement schemes
By Zerlinda van der Merwe In this article, we will be taking a look at retirement schemes which are regulated in terms of the Housing Development Schemes for Retired Persons … Continue reading
Conserving water in sectional title schemes
By Dr Carryn Melissa Durham March, 22nd is World Water Day! Low dam levels and droughts have been an issue for most of the provinces in South Africa over the … 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
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
Servitudes
By Zerlinda van der Merwe What is a servitude? Servitudes are limited real rights, that give the holder certain defined and limited rights of use and enjoyment over someone else’s … Continue reading
Keeping a dog in a sectional title unit – reasonable trustee considerations
By Zerlinda van der Merwe Samantha wishes to keep a Yorkshire terrier, as a pet in her sectional title unit. As Samantha is a rule-abiding member of the body corporate, … Continue reading
Lease agreements in sectional title schemes
By Zerlinda van der Merwe While the body corporate is not involved in the legal relationship between an owner, as a member of the body corporate and landlord of a … 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
