Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

Approval of a ten year maintenance plan for sectional title

By Anton Kelly As you may know by now, the Sectional Titles Schemes Management Act, 8 of 2011 (the Act) requires all sectional title schemes to have a separate reserve … Continue reading

April 11, 2018 · Leave a comment

Electing a home owners’ association director

By Anton Kelly Because non-profit companies were dealt with in section 21 of the previously applicable Companies Act, you might still hear of home owners’ associations (HOAs) being referred to … Continue reading

March 28, 2018 · 3 Comments

You are EXCLUSIVELY invited…

By Zerlinda van der Merwe In our consulting department, it is a fact, proven over and over again, that exclusive use areas are one of the most misunderstood legal concepts … Continue reading

March 14, 2018 · Leave a comment

Why is the audit a problem in sectional title schemes?

By Anton Kelly Sectional title legislation requires schemes to have their annual financial statements audited and presented to the members for their consideration at a general meeting, and it must … Continue reading

February 28, 2018 · 5 Comments

Do I have to buy extra common property to extend my section?

By Anton Kelly Owners in sectional title schemes are entitled, with the consent of the body corporate by special resolution, to extend the floor areas or boundaries of their sections. … Continue reading

February 21, 2018 · 2 Comments

Exclusive use in sectional title schemes – benefit or burden?

By Anton Kelly The concept of exclusive use is unique to sectional title schemes. It means that although all owners own all the common property in undivided shares, they can … Continue reading

February 14, 2018 · 3 Comments

Managing agents : From appointment to cancellation

By Zerlinda van der Merwe In our consulting department, we are finding more and more self-administered community schemes which, following the change in legislation, are now requiring the services of … Continue reading

January 31, 2018 · 1 Comment

What power or authority do trustees hold in sectional title schemes?

By Dr Carryn Melissa Durham I often answer questions on what trustees are empowered to do in exercising their functions in sectional title schemes. The powers of the trustees are … Continue reading

January 10, 2018 · Leave a comment

Why must I pay levies to CSOS?

By Prof. Graham Paddock Most people know of the Community Schemes Ombud Service (CSOS) and that levies must be paid to fund its operations. In this article I will address … Continue reading

December 13, 2017 · Leave a comment

Are the rules and architectural guidelines in your HOA binding?

Despite the fundamental governance documentation for home owners’ associations (HOAs), almost all HOAs have additional documentation that restricts the way members can use their properties, conduct rules and architectural and landscaping guidelines being the most common. The question could be, though, are rules and architectural guidelines binding on HOA members?

November 29, 2017 · Leave a comment

Can’t subdivide? Sectionalise! – Duet sectional title schemes

Many property owners seek to exploit the potential of their properties by adding a second dwelling or by subdividing off a portion if the property is large enough. One of the possibilities is to raise the building by one or more storeys.

November 22, 2017 · Leave a comment

What is common property?

By Dr. Carryn Melissa Durham A basic principle in sectional title schemes is that the body corporate must maintain the common property, while owners must each maintain their section. It’s … Continue reading

November 15, 2017 · 8 Comments

Annual financial statements and the audit

By Zerlinda van der Merwe Two of the prescribed items of business to be dealt with at a sectional title scheme’s annual general meeting, is the consideration of the annual … Continue reading

November 1, 2017 · Leave a comment

Trustees? Meetings? What trustees and meetings?

By Anton Kelly “In our sectional title scheme, it seems there are no trustees, no meetings, and no input by the owners in its management. How can this be?” A … Continue reading

October 25, 2017 · 2 Comments
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