When must an owner maintain the common property?
By Anton Kelly The basic sectional title principle that the body corporate must maintain and repair the common property and owners must maintain and repair their sections is not always … Continue reading
5 Questions to ask the estate agent before asking “Where do I sign?”
By Ané de Klerk When searching for an apartment to purchase, as an investment or to call home, potential buyers are often excited by 3 things: a well-maintained unit (inside … Continue reading
Application for permission to keep pets in sectional title schemes
By Dr Carryn Melissa Durham Some of the most contentious issues that arise in sectional title schemes start with the letter “p” and include parties, people, plants, parking, pigeons, and … Continue reading
The use of drones in sectional title schemes
By Dr Carryn Melissa Durham There are many uses for remotely piloted aircraft systems (or drones) in sectional title schemes, for example for inspection of the scheme’s roof for maintenance … Continue reading
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
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
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
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
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
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
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
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
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
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?
