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
Agent accreditation in community schemes
By Zerlinda van der Merwe In our consulting department, we are often instructed to review the governance documentation of community schemes, especially in light of the changes introduced by the … 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
Duties of scheme executives
By Zerlinda van der Merwe In this article, we will be taking a look at the additional duties of (community) scheme executives, who are responsible for the administration and management … 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
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
Levy clearance
By Zerlinda van der Merwe When a body corporate finds itself in a position where members are in arrears with their levies, contributions and other amounts as raised on their … Continue reading
Investment of body corporate funds
By Dr Carryn Melissa Durham The nature of a body corporate is to generate funds to cover expenses and to build reserves. Therefore, making profit is not their primary function. … Continue reading
Domicilium citandi et executandi
By Anton Kelly Wikipedia gives the literal translation of this Latin term as, “house for summoning and upkeep”. The common translation in South Africa is, “service address”. A property owner’s … 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
Thinking Inside the Box 