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
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
Levy clearance
By Zerlinda van der Merwe When a body corporate finds itself in a position where members are in arrears with their levies, contributions and other amounts as raised on their … 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
Short-term letting in sectional title schemes
By Dr Carryn Melissa Durham Many people own property in sectional title schemes for investment purposes, and they let their units out to tenants for rental income. With accommodation reservation … Continue reading
Servitudes
By Zerlinda van der Merwe What is a servitude? Servitudes are limited real rights, that give the holder certain defined and limited rights of use and enjoyment over someone else’s … Continue reading
Lease agreements in sectional title schemes
By Zerlinda van der Merwe While the body corporate is not involved in the legal relationship between an owner, as a member of the body corporate and landlord of a … Continue reading
Trustee indemnity
By Zerlinda van der Merwe Each trustee of the body corporate stands in a fiduciary relationship to the body corporate, and its members. Section 40 of the Sectional Titles Act … Continue reading
Legal nature of exclusive use rights
By Dr Carryn Melissa Durham In terms of section 2(c) of the Sectional Titles Act 95 of 1986 (“the Act”), all the owners of sections in a scheme own all … 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
“You’re blocking my view!” – Do you have the right to a view?
By Zerlinda van der Merwe Is there a building, structure or tree in your scheme that is obstructing your view of Table Mountain, the ocean, or the banks of the … 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
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
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
Thinking Inside the Box 