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
Press Release: CSOS and STSM draft regulations Consultation Process
By Professor Graham Paddock The draft regulations under the Sectional Titles Schemes Management (STSM) Act, No. 8 of 2011, and the Community Schemes Ombud Service (CSOS), Act, No. 9 of … 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
Sectional living – a tenant’s perspective
By Zerlinda van der Merwe I recently interviewed a colleague regarding her experience, living as a tenant, in sectional title schemes. Let’s call her Betty… Betty has lived in two sectional … Continue reading
Responsibility to repair and replace windows and doors
By Carryn Melissa Durham I often get queries on who is responsible for the maintenance (including repair or replacement) of windows and doors within sectional title schemes. In this article I … Continue reading
“Bucket accounts” – Are they legal?
By Zerlinda van der Merwe Does your managing agent operate a centralised trust account, into which individual members, of each managed sectional title scheme, deposits their levy and other contributions? I … Continue reading
You are invited to a (gas) braai at my unit…
By Zerlinda van der Merwe Although the relevant Regulation has been around for a while, we still receive queries from owners, trustees, managing agents and estate agents as to what is … Continue reading
Change of use
By Carryn Melissa Durham It often occurs in sectional title schemes, that owners use parts of their sections or exclusive use areas for a purpose other than it was originally intended … Continue reading
Time line, from budget to levies
By Anton Kelly An argument was made the other day about which financial year’s budget is approved at the AGM. Here is a time line and the relevant provisions that explain … Continue reading
House rules in sectional title schemes
By Carryn Melissa Durham I often get asked questions about house rules. Recently a question was posted on the Paddocks Facebook page: In this blog post I will discuss the … Continue reading
Pets and property prices in sectional title schemes
By guest writer: Estie Kretschmer A few months ago I read an article by Jennifer Paddock (1), where she mentioned an Australian study about the positive influence of pet-friendly complexes on property … Continue reading
Update on the third generation sectional title legislation
By Carryn Melissa Durham There has been lots of confusion regarding the third generation sectional titles legislation. Some of the questions I am often asked are: Are the new Acts … Continue reading
Duties of managing agents
By Anton Kelly Managing agents get a lot of criticism from owners. No doubt some is justified – we all make mistakes and sometimes have gaps in our expert knowledge. To … Continue reading
Wake up and smell the POPI
By Carryn Melissa Durham The Protection of Personal Information Act 4 of 2013 (“POPI”) gives effect to the constitutional right to privacy while advancing the right of access to information. The … Continue reading
Illegal and uncontrolled extensions of sections
By Anton Kelly A common problem in sectional title schemes is owners who illegally extend their sections. Probably the most typical example is enclosing patios, but often illegal extensions encroach onto … Continue reading
Appearance restrictions in community schemes
By Anton Kelly Property owners in homeowners’ associations (HOAs) and sectional title schemes often run foul of seemingly draconian rules that limit or completely remove their freedom to decide on the … Continue reading
Getting into shape in sectional title schemes: health and fitness facilities
By Carryn Melissa Durham Over the last twenty years there has been an increased focus on health and fitness. One of the most popular New Year’s resolutions made by people … Continue reading
In Defence of Managing Agents
By Jennifer Paddock Managing Agent. Now there’s a job I don’t want to do again. Why? It’s (insert expletive here) hard! It’s a job that requires a person to … Continue reading
Can the Trustees Disconnect My Electricity?
Carryn Durham, who manages the Paddocks Consulting Team, is a featured property-law expert on Property24. She recently answered a reader question about whether the trustees of a body corporate are … Continue reading
A Great Idea: Pre-purchase Reports for Sectional Title Properties
By Jennifer Paddock As many of you know, I spent a few years living in Australia and working in Strata (Sectional) Title there. In Australia, when a person is looking … Continue reading
Warring Neighbours in a Sectional Title Duet
By Prof. Graham Paddock The term ‘duet’ normally suggests cooperation and harmony, but in the world of sectional title, it has a less appealing connotation. I read with interest the … Continue reading
Must an Owner Pay for a New Exclusive Use Right?
By Prof. Graham Paddock Owners and trustees in sectional schemes regularly enquire whether the body corporate can charge money for the grant of exclusive use rights. Typically, the common property … Continue reading
Chairpersons in Sectional Title: What You Need to Know
By Jennifer Paddock In sectional title schemes the chairperson can be mistaken for (or decide to be) “the king of the castle”. But although a committed chairperson may well work … Continue reading
The Theft of Funds from Sectional Title Schemes: Managing Agency Malfeasance
By Prof. Paddock According to a recent Personal Finance report, the Estate Agency Affairs Board is dealing with another theft by a managing agent, this being the most recent … Continue reading
Liability for Levies When a Unit Changes Hands
By Jennifer Paddock Ordinary Levies The situation with ordinary/general levies is straightforward as it is catered for the Sectional Titles Act (the Act). Once the trustees have raised an ordinary … Continue reading
10 Questions Trustees Should Ask Before Approving Owner Changes to Common Property
By Jennifer Paddock In this post I recommend 10 questions the trustees should consider when an owner is seeking permission to permanently alter the common property. If an owner indicates … Continue reading
Work Smarter, Not Harder!
By Mark Graubner, Australian Sales Manager – Mystrata A little while ago I was talking to an owner of a sectional title management business. We’ll name this guy ‘John’ for … Continue reading
Distinguishing between Luxurious and Non-Luxurious Improvements to Common Property
By Jennifer Paddock In a recent post I dealt with how luxurious and non-luxurious improvements to the common property need to be authorized. In this post I look at how … Continue reading
Improving Communication in Community Schemes
By Prof. Graham Paddock Apart from financial stability, perhaps the second most important element in ensuring the successful operation of a community scheme is communication – how well the trustees … Continue reading
Authorising Luxurious and Non-Luxurious Improvements to Common Property
By Jennifer Paddock Prescribed Management Rule 33 provides different procedures and consent levels for authorizing luxurious and non-luxurious improvements to the common property in a sectional title scheme. Luxurious … Continue reading
Can an Owner Run a Business From Home in Sectional Title?
By Carryn Mellisa Durham A question that pops up again and again for the Paddocks team is: Can an owner run a business from his section in a sectional title … Continue reading
Jen’s 5 Top Tips for Managing Agencies: Keeping Your Staff and Customers Happy
By Jennifer Paddock 1. Reduce Staff Turnover – Consistency is Key for Client Retention There is a definite link between consistency of staff and client retention in sectional title management … Continue reading
Building on an Exclusive Use Area: Extension vs Improvement
By Carryn Melissa Durham Paddocks received a question on its Facebook wall last week, which has inspired this blog post. Caroll Meiring wrote: This question got me thinking… … Continue reading
Special Resolutions by Email – Q&A
By Jennifer Paddock One of my readers recently asked me a question relating to proposed special resolutions being sent out using email which I thought I’d share with you: Question: … Continue reading
Community Scheme Ombud Service – An Overview
An overview of the ‘CSOS’ by Prof. Graham Paddock of Paddocks, the Consultants to the Government on the legislation: The Community Scheme Ombud Service Act, No. 9 of 2011 (“the … Continue reading
Body Corporate Pecking Order
Developer Leaps tall buildings in a single bound More powerful than a locomotive Faster than a speeding bullet Water skis without a boat Debates interpretation of rules with the Dalai … Continue reading
Online Review Site for Sectional Title Industry
By Jennifer Paddock According to a survey from Dimensional Research a staggering 90% of consumers say buying decisions are influenced by online reviews. When one considers the popularity of websites … Continue reading
How to Remove the Chairperson of a Body Corporate
By Jennifer Paddock Here at Paddocks we get this question often. It goes something like this: Question: I would like to know the correct procedure for removing a chairperson and … Continue reading
Levy Collections in Sectional Title Schemes
By Jennifer Paddock I’ve been writing articles about sectional title for a long time now – this will be my 8th year. And my memory is not that amazing! So … Continue reading
Special Resolution Loophole
By Jennifer Paddock Most people think that passing a special resolution requires 75% of all owners to agree to the resolution. Not necessarily true. If you’re not sure what the … Continue reading
Can Sectional Title Trustees be Paid?
By Jennifer Paddock The position of a sectional title trustee is a voluntary and often thankless one. Dedicated trustees put a lot of their free time and a mountain of … Continue reading
The Carrot and Stick Approach: Early Levy Payment Discounts
By Professor Graham Paddock “Carrot and Stick Approach” is a term used to refer to a policy of both offering a reward and threatening a punishment to persuade a person … Continue reading
Reserve Funds – What You Need to Know
By Jennifer Paddock Once the Sectional Titles Schemes Management Act comes into force Reserve Funds for bodies corporate will be mandatory and the Minister will prescribe mandatory minimum amounts… This … Continue reading
Trustees Meetings – The Law Around Notice and Attendance
By Jennifer Paddock Notice of a trustees meeting must, in principle, be given to all persons entitled to attend that meeting. The persons entitled to attend a meeting of trustees … Continue reading
No Quorum No Problem – Interim Resolutions
By Jennifer Paddock Getting a quorum for an AGM or SGM can be as hard as finding a sectional title scheme without a VIP (Very Impossible Person! – Ok, I … Continue reading
Save Sweet Sophie! A Case Study of Trustees Withdrawing Consent
By Carryn Melissa Durham Paddocks received a post on its Facebook wall last night which touched the Paddocks FaceBook Fans and has inspired the Paddocks team to write this blog … Continue reading
Taming Disruptive People in Sectional Title Meetings
By Jennifer Paddock Show off, rambler, obnoxious, nitpicker, bore, latecomer, naysayer and just-plain-old-rude. These adjectives are often used to describe people at sectional title meetings. So how do we deal … Continue reading
How Private is Your Section, Really?
By Anton Kelly One of the fundamental rights of property ownership is the right to control who comes onto your property. But like many other rights, this right is limited. … Continue reading
HUGE Announcement! Paddocks Partners with Mystrata
By Jennifer Paddock We are SO SO excited to announce that Paddocks has joined forces with Mystrata to bring their incredible property management software to the South Africa sectional title … Continue reading
How to Take Trustee Decisions via Email
By Jennifer Paddock Trustee decisions can be taken in one of two ways: 1) At a meeting of trustees, by majority vote. 2) By round robin resolution – a written … Continue reading
