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
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
The Community Schemes Ombud Service
By Dr Carryn Melissa Durham As the Regulations are currently with Parliament, it is hoped that they will be signed during the course of this year. It is for this … 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
Thinking Inside the Box 