Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

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 · 1 Comment

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

CSOS application for dispute resolution form

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

October 12, 2017 · Leave a comment

Sectional Title scheme management options

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

September 27, 2017 · 3 Comments

Fining Rules in Home Owners’ Associations

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

September 20, 2017 · Leave a comment

Agent accreditation in community schemes

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

September 13, 2017 · 2 Comments

When must the body corporate pay for my repairs?

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

August 23, 2017 · 7 Comments
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