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?
Visitor parking bays in sectional title schemes
By Carryn Melissa Durham In this Carryn’s Corner article I would like to address the contentious topic of visitor parking bays in sectional title schemes. It’s no secret that parking … 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
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
Thinking Inside the Box 