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
Water leaks in sectional title schemes
By Anton Kelly One of the most common problems in sectional title schemes is water leaks. Leaks are usually expensive to repair and they very often result in water damage … 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
Responsibility for boundary walls and fences
By Zerlinda van der Merwe Boundary walls and fences designate the dividing line where one property ends and another begins, and further designates the responsibility relating to these properties. Without … Continue reading
The body corporate’s property
By Anton Kelly We all understand that the body corporate of a sectional title scheme does not own the common property, the common property is co-owned by the individuals who own … 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
Visitor parking bays in sectional title schemes
By Carryn Melissa Durham In this Carryn’s Corner article I would like to address the contentious topic of visitor parking bays in sectional title schemes. It’s no secret that parking … 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
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
Subdivision and consolidation of sections
By Carryn Melissa Durham Initially the developer determines how the sectional plan will divide the buildings into sections and common property. It may be that in an owner is not satisfied … 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
Thinking Inside the Box 