Special resolution required to terminate managing agent’s contract
By Anton Kelly Can the managing agent contract contain the term that a special resolution is required to authorise notice of the termination of the contract? This interesting question came … Continue reading
Arbitration
By Zerlinda van der Merwe “When will mankind be convinced and agree to settle their difficulties by arbitration?” – Benjamin Franklin Prescribed Management Rule (“PMR”) 71 of Annexure 8 of … Continue reading
Three ways for trustees to take resolutions
By Carryn Melissa Durham Trustees, as the executive of the body corporate, are tasked with the day-to-day management of the scheme. This means that they need to meet regularly to … Continue reading
Incomplete AGM
By Anton Kelly Sectional title schemes are required to hold an annual general meeting (the AGM). This is the only meeting of owners that is required as a routine. At … Continue reading
Checklist for managing agent contract
By Anton Kelly It’s surprising to hear that not all sectional title schemes have a written contract with their managing agent! I guess, if there is a long-standing good relationship … Continue reading
Homeowners’ Associations – Levy collection from demand to execution
By Zerlinda van der Merwe When a member of a homeowners’ association (“HOA”) is in arrears with their levy contributions, the trustees (of a Common Law association) or directors (of a … Continue reading
What does it mean for a trustee to be of unsound mind?
By Carryn Melissa Durham I was inspired to write this blog article after reading a recent post on the Paddocks Facebook page. What does the legislation say in this regard? Prescribed … Continue reading
PAIA manual submission
By Zerlinda van der Merwe I am sure that by now you are aware that the Promotion of Access to Information Act 2 of 2000 (“PAIA”) requires private bodies (including bodies … Continue reading
Press Release: CSOS and STSM draft regulations Consultation Process
By Professor Graham Paddock The draft regulations under the Sectional Titles Schemes Management (STSM) Act, No. 8 of 2011, and the Community Schemes Ombud Service (CSOS), Act, No. 9 of … Continue reading
Rules restricting tenants in sectional title schemes
By Carryn Melissa Durham There are two types of owners in sectional title schemes: those who reside in their units, and those who do not. The latter are investment owners who … Continue reading
Responsibility to repair and replace windows and doors
By Carryn Melissa Durham I often get queries on who is responsible for the maintenance (including repair or replacement) of windows and doors within sectional title schemes. In this article, I … Continue reading
“Bucket accounts” – Are they legal?
By Zerlinda van der Merwe Does your managing agent operate a centralised trust account, into which individual members, of each managed sectional title scheme, deposits their levy and other contributions? I … Continue reading
Change of use
By Carryn Melissa Durham It often occurs in sectional title schemes, that owners use parts of their sections or exclusive use areas for a purpose other than it was originally intended … Continue reading
Time line, from budget to levies
By Anton Kelly An argument was made the other day about which financial year’s budget is approved at the AGM. Here is a time line and the relevant provisions that explain … Continue reading
Thinking Inside the Box 