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?
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.
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
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
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
By Zerlinda van der Merwe In this article, we will take a look at the form and content of the application to be completed and submitted to the Community Schemes … Continue reading
By Anton Kelly There is a surprising variety of options the owners in a sectional title scheme have regarding who manages their scheme. This is especially so in small schemes, … Continue reading
By Carryn Melissa Durham Recently I wrote an article on Fining Rules in Sectional Title Schemes. This article will deal with the validity of a penalty rule and the validity … Continue reading
By Zerlinda van der Merwe In our consulting department, we are often instructed to review the governance documentation of community schemes, especially in light of the changes introduced by the … Continue reading
By Anton Kelly Owners in sectional title schemes often think that the body corporate is automatically responsible to repair damage to their section if the damage is the result of … Continue reading
By Zerlinda van der Merwe If you are an owner of a unit in a sectional title scheme, and you wish to undertake any alterations and / or renovations within … Continue reading
By Dr Carryn Melissa Durham With the load shedding and interrupted electricity supply last year, Paddocks was inundated with queries on how bodies corporate could install generators in their schemes. … Continue reading
By: Dr Carryn Melissa Durham The adoption of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) has not altered the position that the trustees (or managing agent) … Continue reading
By Anton Kelly A small, seemingly simple addition to the regulations under the Sectional Titles Act, 95 of 1986 “the Act”, has added significant consumer protection for owners in sectional … Continue reading