So who makes the rules in your HOA?
By Anton Kelly Those who know a little about sectional title schemes understand that they all have rules. There are management rules and conduct rules and it is the owners … 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
To chair or not to chair: The role of the chairperson
By Zerlinda van der Merwe In the article, “Trustees – from nomination to termination”, published in Paddocks Press (Volume 10, Issue 10), we saw that the role of a trustee … Continue reading
Levy statements in sectional title schemes
By Dr Carryn Melissa Durham I was inspired to write this article after reading a recent post on the Paddocks Facebook page. The questions which arise from this post are … Continue reading
Owner’s failure to maintain their section or exclusive use area
By Dr Carryn Melissa Durham Prescribed Management Rule (“PMR”) 70 provides a remedy for the body corporate where an owner either fails to repair or maintain their section or fails … Continue reading
Levy collection – In light of the Sectional Titles Act, the Sectional Titles Schemes Management Act, and the Community Schemes Ombud Service Act
By Zerlinda van der Merwe In this article, I will unpack the similarities and differences between the Sectional Titles Act 95 of 1986 (“the STA”), the Sectional Titles Schemes Management … Continue reading
What’s in a name?
By Anton Kelly The formal name of a home owners’ association (“HOA”) can contain significant information for owners and prospective owners of properties in the development. The name of an … Continue reading
For the record: body corporate responsibilities
By Dr Carryn Melissa Durham Administering a sectional title scheme can involve some major paper pushing. The trustees have a duty to maintain the records on behalf of the body … Continue reading
“You’re blocking my view!” – Do you have the right to a view?
By Zerlinda van der Merwe Is there a building, structure or tree in your scheme that is obstructing your view of Table Mountain, the ocean, or the banks of the … Continue reading
Appointing an auditor
By Dr Carryn Melissa Durham I was inspired to write this article after reading a recent post on the Paddocks Facebook page. What does the legislation say in this regard? … Continue reading
Proxies
By Zerlinda van der Merwe Sometimes the number of proxies received by the body corporate can mean the difference between whether the quorum requirements of a general meeting will be … Continue reading
Thinking Inside the Box 