Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

Category Archives: Meetings

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

September 20, 2017 · Leave a comment

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

September 13, 2017 · 2 Comments

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

July 12, 2017 · 2 Comments

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

June 8, 2017 · 2 Comments

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

May 31, 2017 · Leave a comment

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

May 10, 2017 · 2 Comments

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

April 25, 2017 · 7 Comments

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

April 12, 2017 · Leave a comment

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

March 1, 2017 · Leave a comment

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

February 1, 2017 · Leave a comment

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

January 18, 2017 · 2 Comments

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

January 5, 2017 · 4 Comments

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

December 28, 2016 · 3 Comments

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