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
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
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
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
Sectional title developers: The Surveyor-General is watching!
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
The body corporate’s responsibilities and duties regarding scheme rules
By Anton Kelly When talking about the rules in sectional title schemes, it’s important to understand what constitutes the rules that apply. The rules of a sectional title scheme are … Continue reading
Domicilium citandi et executandi
By Anton Kelly Wikipedia gives the literal translation of this Latin term as, “house for summoning and upkeep”. The common translation in South Africa is, “service address”. A property owner’s … Continue reading
So who makes the rules in your HOA?
By Anton Kelly Those who know a little about sectional title schemes understand that they all have rules. There are management rules and conduct rules and it is the owners … Continue reading
Access for disabled persons in sectional title schemes
By Anton Kelly No one may erect a building without the approval of the local municipality, and the municipality will only approve a building plan if it complies with the … Continue reading
Electronic communication in community schemes
By Anton Kelly A reality in the management of community schemes these days is the use of electronic communication methods between members and the governing body of the scheme – … Continue reading
Water leaks in sectional title schemes
By Anton Kelly One of the most common problems in sectional title schemes is water leaks. Leaks are usually expensive to repair and they very often result in water damage … Continue reading
What’s in a name?
By Anton Kelly The formal name of a home owners’ association (“HOA”) can contain significant information for owners and prospective owners of properties in the development. The name of an … Continue reading
The body corporate’s property
By Anton Kelly We all understand that the body corporate of a sectional title scheme does not own the common property, the common property is co-owned by the individuals who own … Continue reading
Checklist for managing agent contract
By Anton Kelly It’s surprising to hear that not all sectional title schemes have a written contract with their managing agent! I guess, if there is a long-standing good relationship … Continue reading
Thinking Inside the Box 